Definitions

The data protection statement of our company, Gastwerk Hotel Hamburg GmbH & Co. KG, is based on the terms, which the European legislative and regulatory authority uses in the EU General Data Protection Regulation (hereinafter called “GDPR”). Our data protection statement aims to be easy to read and to understand by general public as well as by our customers or business partners. To guarantee this we shall first explain the terms used.

We use in this data protections statement and on our internet homepage, inter alia, following terminology:

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

Data subject means any identified or identifiable natural person whose personal data is processed by the party responsible for the processing.

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

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

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

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

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

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

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

Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Rights of the data subject

Right to confirmation: Every data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed.
If a data subject wishes to make use of this right of confirmation, he/she can contact the controller at any time.

Right of access by the data subject: Any data subject affected by the processing of personal data shall have the right at any time and free of charge to obtain from the controller information concerning the personal data stored about him or her and to get a copy of such information. Furthermore, the European legislative and regulatory authorities have granted to the data subject rights on the following information:

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

Further, the data subject has also right of access to information, whether personal data are transferred to a third country or to an international organisation. If that is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

When the data subject wishes to make use of this right of access, he or she can at any time contact the data processing controller.

Right to rectification: Every data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Further, taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If the data subject wishes to make use of this right of rectification, he or she can at any time contact the data processing controller

Right to erasure (right to be forgotten): Every data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, where one of the following grounds applies and data processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
  • The data subject withdraws consent on which the processing is based according to GDPR, point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to GDPR, Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2).
  • The personal data have been unlawfully processed.
  • The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in GDPR, Article 8(1).

If one of the abovementioned reasons applies and the data subject would like to demand erasure of his or her personal data, which have been stored by the Gastwerk Hotel Hamburg GmbH & Co. KG, he or she can at any time contact the controller. The request of the data subject will be fulfilled promptly.

If the personal data have been made public by our company, Gastwerk Hotel Hamburg GmbH & Co. KG, and if our company as controller is obliged pursuant to GDPR, article 17, paragraph 1 to erase the personal data, our company, Gastwerk Hotel Hamburg GmbH & Co. KG, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which process the disclosed personal data that the data subject has requested from these other data controllers the erasure of all links to such personal data or of copies or replications of such personal data. This paragraph shall not apply if processing is necessary. The controller will then case-by-case make the necessary arrangements.

Right to restriction of processing: Each data subject affected by the processing of personal data shall have the right to request from the controller restriction of processing where one of the following condition applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to GDPR, Article 21(1) and the verification is pending, whether the legitimate grounds of the controller override those of the data subject.

If one of the abovementioned reasons is present and the data subject would like to request restriction of his or her personal data, which have been stored by the Gastwerk Hotel Hamburg GmbH & Co. KG, he or she can at any time contact the controller. The restriction of processing will be effectuated without delay.

Right to data portability: Each data subject affected by the processing of personal data shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she has also the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to GDPR, point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) and the processing is carried out by automated means. Right of data portability shall not apply to processing necessary for the performance of a task to be carried out in the public interest or in the exercise of official authority delegated to the controller.

In exercising his or her right to data portability pursuant to GDPR, Article 20, paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this right shall not adversely affect the rights and freedoms of others.

In order to enforce the right to data portability the data subject can at any time contact the controller.

Right to object: Each data subject affected by the processing of personal data shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on GDPR, point (e) or (f) of Article 6(1). This also applies to profiling based on those provisions.

In case of an objection our company, Gastwerk Hotel Hamburg GmbH & Co. KG, shall no longer process the personal data, unless we can show compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the purposes of establishment, exercise or defence of legal claims.

Where personal data are processed by our company, Gastwerk Hotel Hamburg GmbH & Co. KG, for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This includes also profiling to the extent that it is related to such direct marketing.

Where the data subject submits an objection to Gastwerk Hotel Hamburg GmbH & Co. KG against processing for direct marketing purposes, the personal data shall no longer be processed for such purposes by Gastwerk Hotel Hamburg GmbH & Co. KG.

Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to GDPR, Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to make an objection to Gastwerk Hotel Hamburg GmbH & Co. KG against processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may directly contact the controller. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

Automated individual decision-making, including profiling: Each data subject affected by the processing of personal data shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on him or her, or in a similar manner significantly affects him or her. The aforementioned right shall not apply, if the decision

  • is necessary for entering into, or performance of, a contract between the data subject and a data controller;
  • is authorised by Union or Member State law to which the controller is subject, and this legislation lays down suitable measures to safeguard the rights, freedoms and legitimate interests of the data subject; or
  • is based on explicit consent of the data subject

If the decision to enter into, or to perform, a contract between the data subject and the controller is required, or if the decision is made with the explicit consent of the data subject, our company, Gastwerk Hotel Hamburg GmbH & Co. KG, shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to assert the right of automated individual decision-making, he or she can contact the controller at any time.

Right to revoke the declaration of consent: Each data subject affected by the processing of personal data shall have the right to withdraw his or her consent at any time.

If the data subject wishes to make use of the right to revoke the declaration of consent, he or she can contact the controller at any time.

Right to lodge a complaint with a supervisory authority: Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

Competent authority:

The Hamburg Representative for Data Protection and Freedom of Information
Prof. Dr. Johannes Caspar
Ludwig-Erhard-Straße 22 (7th floor)
20459 Hamburg
Phone: +49 40 - 428 54-40 40
Fax: +49 40 - 428 54-40 00
E-Mail: mailbox@datenschutz.hamburg.de
Website: https://www.datenschutz-hamburg.de

Cooperation with processors and third parties

If we disclose data to other people and companies (processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, in accordance with Art. 6 Para. 1 b GDPR for the fulfillment of the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.

Routine deletion and blocking of personal data

The controller processes (in this connection also: stores) the personal data of the data subject only for the period necessary to achieve the purpose of the storage or,

if the processing is required by the European legislative and regulatory authorities, or laid down in another law or regulation to which the controller is liable.

If the purpose of the storage ceases to apply, or if a storage period prescribed by the European directives and regulations or by any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

Privacy in recruitment and in the application process

The controller collects and processes personal data for the purposes of the application procedure. The processing can also be done electronically. This is particularly the case where an applicant submits the corresponding documents to the controller by means of electronic communications, e.g. by e-mail. If the controller concludes a contract of employment with one applicant, the transmitted data are stored for the purpose of executing the employment relationship in compliance with the statutory provisions. If the controller does not conclude a contract of employment with any of the applicants, the application documents will automatically be deleted six months after the notification of letter of rejection, provided that deletion does not conflict with any other legitimate interests of the controller. In this context other legitimate interest means for instance a burden of proof in legal proceedings pursuant to the General Law on Equal Treatment (AGG).

hotelcareer job offers

To offer the services of hotelcareer, a widget of hotelcareer is integrated on this page. The provider of this widget is YOURCAREERGROUP GmbH, Völklinger Straße 1, 40219 Düsseldorf.

In order to use the functions of the hotelcareer widget, it is necessary to store your IP address, browser information (name, version), website, operating system of the user, screen resolution of the user, language settings of the user's browser or operating system. If you use hotelcareer, this data shall generally be transmitted to a hotelcareer server and stored there. The provider of this site has no influence on this data transfer. Hotelcareer is used in the interest of simple and convenient use.

The legal basis for the use of the hotelcareer widget is your consent in accordance with Art. 6 Para. 1 lit. a GDPR.

For more information on the handling of user data at hotelcareer, please refer to the Privacy Policy:

https://www.hotelcareer.de/datenschutzerklärung

Security of personal data

Our company, Gastwerk Hotel Hamburg GmbH & Co. KG, shall take numerous technical and organizational measures in order to protect your personal data against accidental or illegal destruction, alteration, loss, unlawful disclosure or unauthorized access.

Nevertheless, for instance internet-based data transfer can principally bear gaps in the security, and therefore absolute protection cannot be guaranteed. For this reason, any data subject is free to communicate personal data to us in an alternative way, for instance by telephone.

Website Encryption

This site uses SSL- or rather TLS-encryption for security reasons and to protect the transmission of confidential content, such as the requests you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http: //" to "https: //" and by the lock symbol in the browser line.

If encryption is activated, the data that you transmit to us cannot be read by third parties.

Collection of general data and information

The website of Gastwerk Hotel Hamburg GmbH & Co. KG collects a number of general data and information each time the website is accessed by data subject or an automated system. This general data and information is stored in the log files of the server. Following data can be collected:

  • browser types and versions used
  • operating system used by the accessing computer
  • website from which an accessing system gets to our website (so called referrers)
  • sub-websites, which are accessed via an accessing system on our website
  • date and time of access to our website
  • web protocol address (IP address)
  • internet service provider of the accessing system
  • other similar data and information, which is used to protect our information technology systems against possible attacks

When using this general data and information, our company, Gastwerk Hotel Hamburg GmbH & Co. KG, does not draw any conclusions about the data subject. In fact, this information is needed in order:

  • to deliver the contents of our website correctly
  • to optimize the content of our website as well as possibly the advertising for it
  • to ensure long-term functionality of our information technology systems and of the technology on our website
  • to provide law enforcement authorities with necessary information related to criminal prosecution in case of a cyberattack

This collected data and information is therefore evaluated by our company, Gastwerk Hotel Hamburg GmbH & Co. KG, on the one hand statistically, and on the other hand to increase data protection and data security in our company, and last but not least to ensure the best possible level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the data subject.

This data is not amalgamated with other data sources.

This data is recorded on the basis of Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website - the server log files must be recorded for this.

Request by E-Mail, Phone or Fax

If you contact us by e-mail, phone or fax, your request, including all personal data resulting from it (name, request), will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 Para. 1 lit. b GDPR, if your request is related to the fulfilment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 Para. 1 lit. GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried.

The data you send to us via contact requests will remain with us until you request deletion, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - especially legal storage periods - remain unaffected.

Data transmission via web form

Data subject has an option to register on the website of the controller stating his or her personal data. During the registration process the respective entry windows indicate, which personal data are transmitted to the controller. The personal data entries made by the data subject are exclusively intended for internal use of the controller, this data is collected and stored for the purposes of own use. The controller can transmit the data to one or to several processor(s), e.g. to parcel service which also makes only internal use of the personal data and acts under the responsibility of the controller.

By registration on the website of the controller the following data is also stored: data subject’s IP address, which the internet service provider has assigned, the date and the exact time at the moment of the registration. These data are stored against the background of being the only way to prevent misuse of our services. If necessary, these data can enable clearing up offences or copyright infringements committed. Insofar it is necessary to store this data as to protect the controller. In general, these data are not transmitted to a third party, unless there is a legal obligation to a transmission, or the data transmission serves legal pursuit of rights or criminal prosecution.

When the data subject registers himself or herself on the website and voluntarily supplies personal data, it enables the controller to offer to him or her content and services, which can by the very nature of the issues only be offered to registered users.

This data is processed on the basis of Art. 6 Para. 1 lit. b GDPR, if your request is related to the fulfilment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 Para. 1 lit. GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried.

The data you send to us via contact requests will remain with us until you request deletion, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - especially legal storage periods - remain unaffected.

Links to other websites

Our websites contain links to other websites (so called external links).

Our company, Gastwerk Hotel Hamburg GmbH & Co. KG, is as a supplier responsible for the contents of our own as required by the European and national legislation in force. Our own contents are to be distinguished from links to contents provided by other suppliers. We have no influence over whether or not operators of other websites comply with the European and national data protection regulations in force. Please learn more about the data protection statements on the websites of the respective suppliers.

Cookies: We use cookies in order to further improve our internet presentation for you, make it more user-friendly and to tailor it as well as possible to meet your needs. Cookies are small text data files, which a webserver sends to your internet browser when you visit a website. The cookies are stored locally on your terminal (personal computer, notebook, tablet, smartphone etc.).

Numerous websites and servers use cookies. Many cookies contain so called cookie ID, which is a unique identifier of the cookie. Cookie ID consists of a string of characters through which websites and servers can trace back the actual web browser, on which the cookie is stored. This allows the visited web pages and servers to distinguish the individual browser of the data subject from other web browsers that contain other cookies. A specific web browser can be recognized and identified by the unique cookie ID. The purpose of this information is to automatically recognize you and to facilitate your navigation, when you visit the website again with the same device.

You can also consent or reject cookies - also for web tracking - via the settings of your web browser. You can configure your web browser so that it blocks cookies generally, or you will be warned in advance when a new cookie is about to be stored. In this case, however, the functionality of the website may be impaired (for example when placing orders). Your browser also offers a function to delete cookies (for instance by choosing “Clear browsing data”. This is possible in all common web browsers. Further information can be found in the user manual or in the settings of your browser.

First-party cookies: First-party cookies are permanent cookies that are stored on the computer and only lose their validity when the expiry date assigned to them has expired. The word "party" refers to the domain from which the cookie originated. In contrast to third-party cookies, first-party cookies usually come from the website operator itself. They are therefore not accessible to browsers across domains. For example, website A assigns a cookie A, which is not recognized by website B, but can only be recognized by website A. This means that data cannot be passed on to third parties.

Third-party cookies: With a third-party cookie, the cookie is set and recorded by a third party. These cookies are mostly used by advertisers who use their cookies on other websites to collect information about website visitors using the cookies. These are data records that are stored in the user's web browser when he visits a page with the advertisement. If he visits a page with advertising from the same provider again, he will be recognized.

Booking system Synxis: On our website you have the possibility to make a reservation through Synxis. Synxis is a service provided by WORLD HOTELS AG, Main Airport Center, Unterschweinstiege 2 - 14, 60549 Frankfurt am Main, Germany, which enables you to make reservations through their subcontractor Sabre Hospitality Solutions GmbH, Unterschweinstiege 2 - 14, 60549 Frankfurt am Main, Germany.

If you click the corresponding button, an input mask will open. There you can enter your reservation data. Sabre Hospitality Solutions GmbH processes the data you enter on our behalf. These are the following data: First and last name, credit card number if applicable, flight details if applicable, optional: address, additional password if registered.

Your personal data will then be used to process your booking and will be deleted after the statutory storage periods have expired.

We receive anonymous aggregated statistical data from Synxis, e.g. country statistics, agency reports, sales reports, which serve to improve our offer. The use of Synxis is based on Art. 6 Para. 1 lit. f GDPR. It takes place in the legitimate interest of a customer-friendly booking option for our services, as well as for the subsequent fulfilment of your reservation in accordance with Art. 6 Para. 1 lit. b GDPR.

You can view the data protection statement of Sabre Hospitality Solutions GmbH here:

https://www.sabre.com/about/privacy/

Table reservation via OpenTable: You can make a table reservation on our website. For this we work together with OpenTable (OpenTable GmbH, Schumannstr. 27, 60325 Frankfurt am Main). OpenTable is responsible for the processing of your personal data. Before entering your personal data, OpenTable will inform you about their terms of use and their data protection guidelines.

The legal basis for the use of OpenTable is our legitimate interest according to Art. 6 Para. 1 lit. f GDPR to enable a simple and user-friendly reservation system.

If you make a reservation, we will then receive from OpenTable the personal data you have provided for making the reservation in our restaurant. The legal basis for data processing is then Art. 6 Para. 1 lit. b GDPR. Further information on data protection at OpenTable can be found at: https://www.opentable.de/legal/privacy-policy/

Spa booking with Shore: For booking appointments and managing customers in our spa area, we use a service by the software-as-a-service provider Shore GmbH, Ridlerstraße 31, 80339 Munich (hereinafter referred to as "Shore").

With your booking, the personal data you provide during the booking process is used for the purpose of booking appointments and processing purchases.

The legal basis for the processing of customer data for the above-mentioned purposes is the fulfilment of a contract pursuant to Art. 6 Para. 1 lit. b GDPR.

A Data Processing Agreement (“DPA”) has been concluded with Shore pursuant to Art. 28 Para. 3 GDPR. This contract obliges the provider to handle the personal data entrusted to it in a GDPR-compliant manner.

The personal data collected by us for the processing of your booking will be stored until the expiry of the statutory storage obligation and then deleted, unless we are obliged to store the data for a longer period of time due to tax and commercial storage and documentation obligations (from German laws HGB, StGB or AO) or you have consented to storage beyond this in accordance with Art. 6 Para. 1 lit. a GDPR.

Disclosure of data: Your personal data will only be passed on to third parties by us to the service partners involved in the processing of the contract, such as the credit institution commissioned with payment matters. In cases where your personal data is passed on to third parties, however, the scope of the data transferred is limited to the minimum necessary.

A transfer of your personal data to third parties for purposes other than those mentioned above will not take place unless:

  • you have given your express consent to this in accordance with Art. 6 Para. 1 lit. a GDPR
  • the disclosure is necessary for the assertion, exercise or defence of legal claims pursuant to Art. 6 Para. 1 lit. f GDPR and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data
  • in the event that there is a legal obligation for the disclosure pursuant to Art. 6 Para. 1 lit. c GDPR
  • this is legally permissible and necessary according to Art. 6 Para. 1 lit. b GDPR for the processing of contractual relationships with you.

For further information, please see Shore's privacy policy at https://www.shore.com/en/data-protection/

Voucher shop via Incert: For the purpose of ordering vouchers we have integrated on our website voucher and ticket system of the company Incert eTourismus GmbH & Co. KG, Leonfeldnerstr. 328, A-404 Linz, Austria, www.incert.at.

If you order vouchers from us, it is necessary for the conclusion of the contract that you provide such personal data that we need for the processing of your order. Mandatory data required for the execution of the contracts are marked separately, other details are voluntary. The data is entered into an input mask and transmitted to us and stored. The following data will be collected when making an order:

  • IP address
  • date and time of booking
  • salutation
  • if applicable, title(s)
  • name
  • date of birth
  • address
  • e-mail address
  • phone number
  • country
  • vouchers purchased
  • method of payment
  • date of booking
  • price/amount
  • gift cards
  • if applicable, deviating billing address
  • if applicable, further data depending on the method of payment -> see under Payment services

In general, the data is passed on to third parties only if the disclosure is necessary for the purpose of executing a contract, or for billing purposes, or to collect a fee, or if you have expressly given your consent to it. In this regard we pass on only the data required in each specific case. Categories of data recipients are
the respective delivery / mail order company (disclosure of name and address),
debt collection agencies, if the payment must be collected forcibly (disclosure of name, address and order details), payment institutions for the purpose of collecting debts, insofar as you have chosen direct debit as the method of payment, payment service providers - depending on the choice of payment method.

Legal basis is Art. 6 para. 1 sentence 1 lit. b) of the GDPR. With regard to the voluntary data, the legal basis for the processing of the data is Art. 6 para. 1 sentence 1 lit. a) of the GDPR. A contract for processing orders was concluded between the controller and the company Incert.

The collected compulsory information is required to perform the contract with the user (for the purpose of sending the goods and confirming the content of the contract). We use thus the data to answer your inquiries, to process your booking, when appropriate to check the creditworthiness, or the recovery of a claim, as well as for the purpose of technical administration of the websites. The voluntary information is provided to prevent misuse and, where appropriate, to help clearing up criminal offences. We may also process the information you provide to inform you about other interesting products in our portfolio, or to send you e-mails containing information.

The data will be deleted as soon as it is no longer necessary for the achievement of the purpose for which it is collected. Due to commercial and tax regulations, we are obliged to save your address, payment and order data for a period of ten years after execution of the contract. However, after 7 years, we restrict processing, i.e. your data will only be used to comply with legal obligations. If there is a continuing obligation between us and the user, we store the data during the entire contract period, and for a period of ten years thereafter (see above). With regard to the data provided voluntarily, we will delete the data on the expiry of the seven-year-period from the date of the execution of the contract, insofar as no further contract is concluded with the user during this time; if this is the case, the data will be deleted when 7 years have passed after the date of execution of the last contract.

If the data are necessary for the fulfilment of a contract or for the execution of pre-contractual measures, a premature deletion of the data is only possible, insofar as contractual or legal obligations do not preclude a deletion. Otherwise, you are free to have the personal data provided on registration deleted from the database of the controller as stated in the Section 1. With regard to the voluntary data, you can at any time withdraw your consent to processing by giving a notice to the controller as stated in the Section 1. In this case the voluntarily given data will be deleted immediately.

E-mail dispatch via dailypoint™: On our website you have the possibility to subscribe to a free newsletter. When registering for the newsletter, the following data from the input mask will be transmitted to us:

  • E-mail address of the user
  • The salutation
  • The first name and surname
  • Possibly the place of residence

In addition, the following data is collected during registration:

  • The IP address of the calling computer
  • The date and time of registration

For the processing of the data, your consent will be obtained during the registration process and reference will be made to the data protection declaration.

For the documentation of the newsletter consent and to prevent misuse of your data, we use the so-called Double-Opt-In-Procedure. By this procedure we ensure that the recipient really wants to receive our newsletter. After registration you will receive an e-mail asking you to confirm your newsletter registration. Only after the confirmation we will be sending our newsletter.

The newsletter registrations are logged to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your stored data are also logged.

If you purchase goods or services on our website and enter your e-mail address, we may subsequently use this to send you a newsletter. In such a case, the newsletter will only be used to send direct advertising for our own goods or services. In connection with the data processing for the dispatch of newsletters, the data will not be passed on to third parties. The data will be used exclusively for sending the newsletter.

Newsletters are sent via the web-based dailypoint™ marketing software, a marketing platform of the provider Toedt, Dr. Selk & Coll. GmbH, Augustenstr. 79, 80333 Munich, Germany.

The e-mail addresses of our newsletter recipients, as well as their other data described in this notice, are stored on the servers of Toedt, Dr. Selk & Coll. GmbH servers in Germany.

Toedt, Dr. Selk & Coll. GmbH uses this information to send and evaluate the newsletter on our behalf. Furthermore, Toedt, Dr. Selk & Coll. GmbH may also use this information to optimise or improve its own services, e.g. to technically optimise the dispatch and presentation of the newsletter. Toedt, Dr. Selk & Coll. GmbH does not, however, use the data of our newsletter recipients to write to them or pass them on to third parties.

Furthermore, we have entered into a Data Processing Addendum (“DPA”) with Toedt, Dr. Selk & Coll. GmbH in accordance with Art. 28 Para 3 GDPR. This is a contract in which Toedt, Dr. Selk & Coll. GmbH undertakes to protect the data of our users, to process it on our behalf in accordance with its data protection regulations and in particular not to pass it on to third parties.

The collection of the user's e-mail address is used to send the newsletter. The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used.

The data will be deleted as soon as they are no longer required for the purpose of their collection. The user's e-mail address as well as the date and time of registration are therefore stored for as long as the subscription to the newsletter is active. The other personal data collected during the registration process is usually deleted after a period of seven days.

The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, there is a corresponding link in every newsletter. This also enables the user to revoke his or her consent to the storage of personal data collected during the registration process.

The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file which is saved when opening the newsletter of the server of Toedt, Dr. Selk & Coll. GmbH is called up. Within the scope of this retrieval, technical information such as information on the browser and your system, as well as your IP address and time of retrieval are collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined by means of the IP address) or the access times.

Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor that of Toedt, Dr. Selk & Coll. GmbH to observe individual users. The evaluations serve us much more to recognise the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users. The legal basis for the processing of data after registration for the newsletter by the user is Art. 6 para. 1 lit. a GDPR if the user has given his consent. The legal basis for sending the newsletter as a result of the sale of goods or services is § 7 Para. 3 UWG.

Consent to the sending of e-mail addresses is based on Art. 6 Para. 1 lit. a GDPR, Art. 7 GDPR and § 7 Para. 2 No. 3 or Para. 3 UWG. The use of the dispatch service provider Toedt, Dr. Selk & Coll. GmbH, the performance of statistical surveys and analyses as well as the logging of the registration procedure are carried out on the basis of our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR. We are interested in the use of a user-friendly and secure newsletter system that serves our business interests, including direct advertising, and meets the expectations of the users.

If we use your personal data for direct advertising, you can object to this at any time by notifying us in accordance with Art. 21 GDPR. The privacy policy of Toedt, Dr. Selk & Coll. GmbH can be viewed here: https://www.dailypoint.com/privacypolicy/

DialogShift chat application (chatbot): Our website uses the chat application of Dialogshift GmbH, Rheinsberger Str. 76/77, 10115 Berlin (hereinafter referred to as "DialogShift"). This application processes personal data to operate the chat application and to respond to requests.

For the operation of the chat function, the chat texts are stored and a cookie with a unique ID is set - this is used to recognize you as a customer. A cookie is a small text file that is stored locally in the cache on your device. Using this cookie, the chat application recognizes the device again and can retrieve past chat logs. This cookie is stored for 3 months since last use. You can disable the storage of cookies in your browser settings. However, without the use of cookies, the chat function cannot be executed.

The data is processed in Germany and the USA. Although the USA is a third country that does not offer an adequate level of data protection, suitable guarantees are applied here in the form of EU Standard Contractional Clauses (“SCCs”) in accordance with Art. 46 Para. 2 lit. c GDPR, which was issued by the European Commission in accordance with an examination procedure pursuant to Art. 93 GDPR. These standard data protection clauses can be found, for example, at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010D0087-20161217

The legal basis for data processing is Article 6 Para. 1 lit. f GDPR based on our legitimate interest in effective customer service, for statistical analysis of user behavior and for optimization purposes of our offers. You have the right at any time to object to the storage of data for the purpose of storing a pseudonymized usage profile with effect for the future. To do so, please send an e-mail to the e-mail address given under "Name and address of the controller".

For more information about data protection at DialogShift, please visit: https://www.dialogshift.com/en/gdpr

TrustYou: This website uses tools to load current customer ratings of our hotel from the rating portal trustyou.de (TrustYou GmbH, TrustYou Headquarters, Munich Center of Technology, Agnes-Pockels-Bogen 1, 80992 Munich) and display them on the website. For this purpose, the IP address is transferred to the server of the rating portal. The customer ratings are displayed in the interest of comprehensive, neutral information about our hotel.

The use of the TrustYou widget is in the interest of a presentation of the ratings of our hotel given on TrustYou.

The legal basis for the use of the TrustYou widget is your consent according to art. 6 Para. 1 lit. a GDPR.

More information about the handling of user data at TrustYou can be found in the TrustYou privacy policy: https://www.trustyou.com/downloads/privacy-policy.pdf

Google Analytics: If you have given your consent, this website uses Google Analytics 4, a web analytics service provided by Google LLC. The responsible party for users in the EU/EEA and Switzerland is Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google").

Scope of processing
Google Analytics uses cookies that enable an analysis of your use of our websites. The information collected by means of the cookies about your use of this website is generally transferred to a Google server in the USA and stored there.

Google Analytics 4 has IP address anonymization enabled by default. Due to IP anonymization, your IP address will be shortened by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. According to Google, the IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

During your website visit, your user behaviour is recorded in the form of "events". Events can be:

  • Page views
  • First visit to the website
  • Start of session
  • Your "click path", interaction with the website
  • Scrolls (whenever a user scrolls to the bottom of the page (90%))
  • clicks on external links
  • internal search queries
  • interaction with videos
  • file downloads
  • seen / clicked ads
  • language settings

Also recorded:

  • Your approximate location (region)
  • your IP address (in shortened form)
  • technical information about your browser and the end devices you use (e.g. language setting, screen resolution)
  • your internet service provider
  • the referrer URL (via which website/advertising medium you came to this website)
  • Purposes of processing

On behalf of the operator of this website, Google will use this information to evaluate your use of the website and to compile reports on website activity. The reports provided by Google Analytics serve to analyse the performance of our website and the success of our marketing campaigns.

Recipients
Recipients of the data are/may be:

  • Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (as processor under Art. 28 DSGVO).
  • Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA
  • Alphabet Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA

It cannot be ruled out that US authorities may access the data stored by Google.

Third country transfer
Insofar as data is processed outside the EU/EEA and there is no level of data protection corresponding to the European standard, we have concluded EU standard contractual clauses with the service provider to establish an appropriate level of data protection. The parent company of Google Ireland, Google LLC, is based in California, USA. A transfer of data to the USA and access by US authorities to the data stored by Google cannot be ruled out. The USA is currently considered a third country from a data protection perspective. You do not have the same rights there as within the EU/EEA. You may not be entitled to any legal remedies against access by authorities.

Duration of storage
The data sent by us and linked to cookies are automatically deleted after 2 [OR: 14] months. The deletion of data whose retention period has been reached occurs automatically once a month.

Legal basis
The legal basis for this data processing is your consent pursuant to Art.6 Para.1 lit. a GDPR and § 25 Para. 1 TTDSG.

Revocation
You can revoke your consent at any time with effect for the future by accessing the cookie settings and changing your selection there. The lawfulness of the processing carried out on the basis of the consent until the revocation remains unaffected.

You can also prevent the storage of cookies from the outset by setting your browser software accordingly. However, if you configure your browser to reject all cookies, this may result in a restriction of functionalities on this and other websites. In addition, you can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google, by:

For more information on Google Analytics' terms of use and Google's privacy policy, please visit https://marketingplatform.google.com/about/analytics/terms/us/ and at https://policies.google.com/?hl=en

Triptease: On this website we use a service provided by Triptease Ltd, 15 Bishopsgate, London, EC2N 3AR, United Kingdom (hereinafter referred to as Triptease). We use the Triptease service to analyse user behaviour. We may share a limited amount of your information (such as room search, email address and name, if you provide it) with the Triptease group and use Triptease to collect data for analysis purposes when you visit our website to book a stay with us. Triptease analyzes your use of our Web site and tracks your use of cookies and similar technologies so that we can improve our service to you.The legal basis for the use of Triptease is your consent according to art. 6 Para. 1 lit. a GDPR. The data will be deleted as soon as the purpose of their collection has been fulfilled. You can find further information about the data protection regulations of Triptease under: https://www.triptease.com/privacy-policy

For more information about how Triptease uses cookies, see the following: https://www.triptease.com/cookie-policy

Google Tag Manager: We use Google Tag Manager on our website. Google Tag Manager is a solution that allows marketers to manage website tags through one interface. The Tag Manager tool itself (which implements the tags) is a cookie-free domain and does not collect any personal data. The tool triggers other tags, which in turn may collect data. Google Tag Manager does not access this data. If deactivation has been carried out at the domain or cookie level, this remains in place for all tracking tags that are implemented with Google Tag Manager.

Further information on Google Tag Manager and Google's data protection declaration can be found at the following link: https://policies.google.com/privacy

Google DoubleClick: A web service from Google Ireland Limited, Gordon House, Barrow Street, 4 Dublin, Ireland (hereinafter: DoubleClick) is loaded on our website. We use this data to ensure the full functionality of our website. In this context, your browser may transmit personal data to DoubleClick.

You can prevent DoubleClick from collecting and processing your data by refusing your consent when you enter the website, deactivating the execution of script code in your browser or installing a script blocker in your browser.

The legal basis for the use of Google Double Click is your consent in accordance with Art. 6 Para. 1 lit. a GDPR.

The data will be deleted as soon as the purpose of their collection has been fulfilled. Further information on the handling of the transferred data can be found in the DoubleClick data protection declaration: https://policies.google.com/privacy

Gstatic: A web service from Google Ireland Limited, Gordon House, Barrow Street, 4 Dublin, Ireland (hereinafter: Gstatic) is loaded on our website. We use this data to ensure the full functionality of our website. In this context, your browser may transmit personal data to Gstatic.

The legal basis for the use of this web service is your consent in accordance with Art. 6 Para. 1 lit. a GDPR.

You can prevent Gstatic from collecting and processing your data by refusing your consent when you enter the website, deactivating the execution of script code in your browser or installing a script blocker in your browser.

The data will be deleted as soon as the purpose of their collection has been fulfilled. Further information on the handling of the transferred data can be found in Google's data protection declaration: https://policies.google.com/privacy

Google Maps: This website uses the "Google Maps" service from Google to display maps or map sections and thus enables you to conveniently use the map function on the website. The Google Maps Geocoding API is used to determine and display locations. Google Maps is operated by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

When you visit the website, Google receives the information that you have accessed the corresponding subpage of our website. In addition, the data mentioned under the "Access data" section is transmitted to Google. This takes place regardless of whether Google provides a user account that you are logged in to or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not want your profile to be assigned to Google, you must log out before activating the button.

The legal basis for the use of Google Maps is your consent in accordance with Art. 6 Para. 1 lit. a GDPR. We have no knowledge of the storage period at Google and have no influence on it.

Further information on the purpose and scope of processing by the plug-in provider can be found in Google's privacy policy. There you will also find further information on your rights and setting options to protect your privacy: http://www.google.de/intl/de/policies/privacy

Further information on the terms of use of Google Maps can be found at: https://www.google.com/intl/de_de/help/terms_maps.html

Google: A web service from Google Ireland Limited, Gordon House, Barrow Street, 4 Dublin, Ireland is loaded on our website. We use this data to ensure the full functionality of our website. In this context, your browser may transmit personal data to Google.

You can prevent the collection and processing of your data by this web service by refusing your consent when entering the website, deactivating the execution of script code in your browser or installing a script blocker in your browser.

The legal basis for the use of this web service is your consent in accordance with Art. 6 Para. 1 lit. a GDPR.

The data will be deleted as soon as the purpose of their collection has been fulfilled. Further information on the handling of the transferred data can be found in Google's data protection declaration: https://policies.google.com/privacy

Facebook Pixel and Facebook Custom Audiences: On our website we use the so-called “Facebook pixel” from the company “Facebook” (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2 Ireland). With the Facebook pixel we can arrange the visitors of our website in certain target groups in order to be able to show you corresponding advertisements on Facebook. The data collected (e.g. IP addresses, information about the web browser, the location of the website, clicked buttons, possibly pixel IDs and other features) are not visible to us, but can only be used to display certain advertisements. Cookies are also set as part of the use of the Facebook pixel code.

If you have a Facebook account and are logged in, your visit to this website will be assigned to your Facebook user account.

We also use the remarketing function "Custom Audiences" of the company "Facebook". This enables users of the website to be shown interest-based advertisements ("Facebook ads") when visiting Facebook or other websites that also use this method. We are interested in showing you advertisements that match your interests in order to make our website more interesting for you.

In order to exchange the respective data, your browser automatically establishes a direct connection to the Facebook server. We have no influence on the scope and further use of the data collected by Facebook through the use of this tool and therefore inform you according to our level of knowledge: By integrating Facebook Custom Audiences, Facebook receives the information that you are visiting our website Accessed the website or clicked on an advertisement from us. If you are registered with a "Facebook" service, "Facebook" can assign the visit to your account. Even if you are not registered with Facebook or have not logged in, there is a possibility that the provider will find out and save your IP address and other identification features.

You can find out how the Facebook pixel is used for advertising campaigns at https://www.facebook.com/business/learn/facebook-ads-pixel

More information on Facebook's data policy can be found at https://www.facebook.com/policy.php

Further information on data processing by Facebook can be found at https://www.facebook.com/about/privacy

We use these functions in order to be able to offer you promotional offers that match your interests.

We process your data because you have given your consent to this (Art. 6 Para. 1 lit. a GDPR) or we have a legitimate interest in processing the data (Art. 6 Para. 1 lit. f GDPR).

We store your data as long as we need it for the respective purpose (displaying interest-based advertising), or you have not objected to the storage of your data or have withdrawn your consent.

The deactivation of the "Facebook Custom Audiences" function is possible for logged in users at https://www.facebook.com/settings/?tab=ads#.

You can change your settings for advertisements in Facebook at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen, provided you are logged in to Facebook.

Facebook Connect: On this website it is possible to register via the Facebook account.

Facebook Connect is an offer from Facebook, Inc. The use of Facebook Connect is subject to Facebook's data protection conditions and terms of use.

When using Facebook Connect, Facebook profile data and public data from your Facebook profile are transmitted to us. Conversely, we can transfer data to your Facebook profile. Your transmitted data will be saved and processed by us for the purpose of registration on our site.

By registering on our website via Facebook Connect, you consent to the transfer of profile data from your Facebook profile to us and the transfer of data for use from our website to Facebook. The data that is available as public data in your Facebook profile will be transmitted. We would like to point out that changes to Facebook's data protection conditions and terms of use may also result in the "friends list" of the Facebook profile holder being transferred if this was marked as "public" in Facebook's privacy settings.

The legal basis for the use of Facebook Connect is your consent in accordance with Art. 6 Para. 1 lit. a GDPR. You can find more information at: https://www.facebook.com/about/privacy/your-info-on-other

CloudFlare: On our website we use a so-called Content Delivery Network ("CDN") from technology service provider Cloudflare Inc., 101 Townsend St. San Francisco, CA 94107, USA ("Cloudflare"). A content delivery network is an online service that is used to deliver large media files (such as graphics, page content or scripts) through a network of regionally distributed servers connected via the Internet. The use of Cloudflare's Content Delivery Network helps us optimize the loading speeds of our website. Processing takes place in accordance with Art. 6 Para. 1 lit. f GDPR based on our legitimate interest in secure and efficient provision, as well as improving the stability and functionality of our website. For more information, see Cloudflare's privacy policy at: https://www.cloudflare.com/privacypolicy/

And at: https://blog.cloudflare.com/what-cloudflare-logs/

ajax.googleapis.com / jQuery: We use the jQuery Javascript library on our website. In order to increase the loading speed of our website and to provide you with a better user experience, we use the CDN (content delivery network) from Google to load this library. It is very likely that you have already used jQuery on another Google CDN page. In this case, your browser can access the cached copy and it does not have to be downloaded again. If your browser has not saved a copy in the cache or is downloading the file from the Google CDN for another reason, data will be transferred from your browser to Google Inc. (“Google”).

The legal basis for data processing is Art. 6 Para. 1 lit. f GDPR. The legitimate interest is to optimize the function and speed of our website.

For more information about data processing by Google, please refer to Google's privacy policy, currently available at: https://policies.google.com/privacy

Google Fonts: Google Fonts (https://fonts.google.com/) are used to visually improve the presentation of various information on this website. The web fonts are transferred to the cache of the browser when the page is called up so that they can be used for display. If the browser does not support Google Fonts or prevents access, the text is displayed in a standard font.

When the page is called up, no cookies are stored by the website visitor. Data that are transmitted in connection with the page view are sent to resource-specific domains such as fonts.googleapis.com or fonts.gstatic.com. You will not be associated with data that may be collected or used in connection with the parallel use of authenticated Google services such as Gmail.

You can prevent the collection and processing of your data by this web service by refusing your consent when entering the website, deactivating the execution in your browser or installing a script blocker in your browser. If your browser does not support the Google Fonts or you prevent access to the Google servers, the text is displayed in the system's standard font.

The legal basis for the use of this web service is your consent in accordance with Art. 6 Para. 1 lit. a GDPR.

You can find information on the data protection conditions of Google Fonts at: https://developers.google.com/fonts/faq#Privacy

General information on data protection can be found in the Google Privacy Center at: https://policies.google.com/privacy

Name and address of the controller: Party responsible for the processing of personal data for the purposes of the European Union General Data Protection Regulation (GDPR), or of other applicable data protection laws in the Member States of the European Union, and of other provisions relating to protection of personal data, is

Gastwerk Hotel Hamburg GmbH & Co. KG

Beim Alten Gaswerk 3

22761 Hamburg

Phone: +49 (0) 40 890 62-0

Fax: +49 (0) 40 890 62-20

Website: www.gastwerk.com

E-Mail: info@gastwerk-hotel.de

Managing Director: Kai Hollmann

Name and address of the data protection officer:

SHIELD GmbH

Martin Vogel

Ohlrattweg 5

25497 Prisdorf

Phone: +49 (0) 4101 80 50-600

E-Mail: info@shield-datenschutz.de

Hamburg, July 2023

Amendments in Data Protection Statement

We reserve the right to amend our data protection practices and this data protection statement in order to adjust the aforesaid to reflect possible changes in relevant laws or regulations, or to meet your needs better. Possible amendments in our data protection practices will correspondingly be published here. Please inform yourself about the current date of our data protection policy.

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