Note: This text is the attempt to translate the German version of the Data Protection Statement into English. The original version can be found here https://www.tortue.de/datenschutz
We would like to inform you, that all legal obligations, which are associated with EU General Data Protection Regulation, German Federal Data Protection Act and German Telemedia Act are only valid for the German version of the Data Protection Statement. This text is for information only and makes no claim for completeness.
Data protection Statement of
HGH Hotelgesellschaft mbH
We appreciate you visiting our websites and we thank you for your interest in our hotel. Protection of personal data is a very important issue for us. Therefore, the processing of personal data of a data subject, for instance of names, postal or e-mail addresses and phone numbers, is carried out in accordance with the applicable European and national legislation.
If data processing is necessary, but there is no legal basis for such processing, we generally request a consent from the data subject.
You can revoke your declaration of consent with future effect at any time. Please contact then the controller. Contact information is indicated at the end of this data protection statement.
In the following chapters, our company HGH Hotelgesellschaft mbH would like to inform the general public about nature, extent and purpose of the data processed. In this data protection statement the persons concerned shall furthermore be informed of the rights granted to them.
The data protection statement of our company, HGH Hotelgesellschaft mbH, 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 guests 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.
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. Registered persons are entitled to have the personal data they have supplied at the registration completely deleted from the data files of the controller.
The controller shall inform the data subject on request at any time by stating, which personal data he has stored about the data subject. The controller shall furthermore also correct or delete personal data of the data subject, if he requests or indicates so, and if there are no statutory retention obligations to contradict such request.
With the following information, we will inform you about the content of our newsletter as well as the registration, shipping and statistical evaluation procedures and your opposition rights and deregistration..
Content of Newsletters
We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipients (double opt-in procedure) or a legal permission. Insofar as the contents of a newsletter are concretely described, they are authoritative for the consent of the users. Our newsletters contain information and news as well as offers of the TORTUE HAMBURG.
Double-Opt-In and logging
The registration for our newsletter takes place in a so-called. Double Opt-In method, meaning that after registering, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registration for the newsletter will be recorded in order to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address. Likewise, the changes to your data stored at CleverReach GmbH & Co. KG are logged.
Use of the shipping service provider „CleverReach GmbH & Co. KG“
The newsletter is sent by "CleverReach GmbH & Co. KG", a newsletter shipping platform in Mühlenstr. 43, 26180 Rastede, Germany. The e-mail addresses of our newsletter recipients, as well as their other data described in the context of these notes, are stored on the servers of CleverReach GmbH & Co. KG. CleverReach GmbH & Co. KG uses this information to send and evaluate the newsletter on our behalf. Furthermore, CleverReach GmbH & Co. KG may, use this data to optimize or improve its own services, based on its own information, e.g. for the technical optimization of the shipping as well as the presentation of the newsletter or for economic purposes, in order to determine from which countries the recipients come. CleverReach GmbH & Co. KG does not use the data of our recipients for their own use, to personally write them or pass it on to third parties. We rely on the trustworthiness and the IT and data security of CleverReach GmbH & Co. KG. For more information about privacy and data security of CleverReach, click here.
In order to subscribe to the newsletter, we kindly ask you to enter the first and last name in addition to your e-mail address in order to ensure the personalization of the newsletter. Optionally, we also ask you to specify the right place where to send you individual, suitable offers, specials and news.
Statistical survey and analyzes
When opening the newsletter, a certain technology will be used to collect initial technical information, such as browser and system information, as well as your IP address and time of retrieval. This information is used to improve the technical performance of services based on their technical data or target audience and their reading habits, based on their locations (which can be determined using the IP address) or times of access.
Statistical surveys also include determining if the newsletters will be opened, when they will be opened, and which links will be clicked. For technical purposes, this information can be assigned to the individual newsletter recipients, even though it is not our goal to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them, as well as sending valuable content based on the interests of our users.
Online call and data management
Termination / Revocation
You can cancel the reception of our newsletter at any time, ie. revoke your consent. Your consent to sending it via CleverReach will lapse at the same time as the statistical analyzes. A link to cancel the newsletter can be found at the end of each newsletter or here.
Legal basis Data protection regulation
In accordance with the provisions of the Data Protection Regulation (DSGVO), which will apply from 25 May 2018 onwards, we inform you that the consents to the sending of e-mail addresses are based on Art. 6 paragraph 1 lit. a, 7 DSGVO and § 7paragraph 2 no. 3 or paragraph 3 UWG. The use of the shipping service provider CleverReach, carrying out the statistical surveys and analyzes as well as logging the registration process, are based on our legitimate interests in accordance with. Art. 6 paragraph 1 lit. f DSGVO. We are keen on using a user-friendly and secure newsletter system that serves both our business interests and the expectations of our users.
We offer you the opportunity to contact us by e-mail and / or via a contact form. In this case, the information provided by the user will be stored for the purpose of processing his contact. A passing on to third parties does not take place. A comparison of the data collected with data, which may be collected by other components of our site, is also not done.
Personal data are also processed by our company, HGH Hotelgesellschaft mbH, when you give these data to us. This occurs for instance each time when you contact us. The personal data we acquire this way shall be used only for the purpose, which you provide us when contacting us. This information shall be communicated only on a voluntary basis and with your consent. In the event that this data is information regarding communication channels (e.g. e-mail address or phone number), you further agree that we may possibly contact you through this channel of communication to answer your questions.
Security of personal data
Our company, HGH Hotelgesellschaft mbH, 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.
Links to other websites
Our websites contain links to other websites (so called external links).
Our company, HGH Hotelgesellschaft mbH, 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. Our company, HGH Hotelgesellschaft mbH, takes no responsibility for external content made available for use through specifically marked links and do not claim the contents of these websites as our own. The provider of the site to which the link is set is solely liable for illegal, incorrect and incomplete content, and in particular for damage which arises from the use or disuse of information provided this way.
Our employees are constantly trained in relation to the Data Protection Act and informed about the data secrecy.
The consent or rejection of cookies - also for web tracking – can be set by changing 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.
Collection of general data and information
The website of HGH Hotelgesellschaft mbH 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, HGH Hotelgesellschaft mbH, 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 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 anonymously collected data and information is therefore evaluated by our company, HGH Hotelgesellschaft mbH, 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.
Rourine 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.
rights of 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 HGH Hotelgesellschaft mbH, 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, HGH Hotelgesellschaft mbH, and if our company as controller is obliged pursuant to GDPR, article 17, paragraph 1 to erase the personal data, our company, HGH Hotelgesellschaft mbH, 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 HGH Hotelgesellschaft mbH, 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, HGH Hotelgesellschaft mbH, 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, HGH Hotelgesellschaft mbH, 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 HGH Hotelgesellschaft mbH against processing for direct marketing purposes, the personal data shall no longer be processed for such purposes by HGH Hotelgesellschaft mbH.
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 HGH Hotelgesellschaft mbH 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, HGH Hotelgesellschaft mbH, 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.
Privacy in recruitment and in 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).
Use of Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc, (1600 Amphitheatre Parkway Mountain View, CA 94043, USA; "Google"). The use includes the "Universal Analytics" operating mode. This facilitates the assignment of data, sessions and interactions across several devices to a pseudonymous user ID and thus the analysis of a user's activities across devices. This data protection notice is provided by www.intersoft-consulting.de.
(Reference: https://www.datenschutzbeauftragter-info.de/ )
USE OF GOOGLE ADSENSE
Our website employs Google AdSense. Google AdSense is a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, for incorporating advertisements. Google-AdSense uses so-called “cookies“, text files, that are stored to your computer and which provide analysis of the use of our website. Furthermore, Google AdSense uses so-called “web beacons“. Web beacons allow Google to analyze information, such as visitor traffic to our website. This information, along with your IP address and the ad format displayed, is transmitted to Google in the US where it is stored and may be transferred by Google to contracting partners. However, Google does not merge your IP-address with other stored data on you. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website. By using our website you declare that you agree to the processing of data collected about you by Google in the manner previously described and for the purposes there specified.
USE OF Google Tag Manager
This website uses Google Tag Manager. Google Tag Manager is a solution that enables marketers to manage website tags (i.e. integrated elements that can trigger a data transfer) via an interface. The Tag Manager tool itself (which implements the tags) is a cookieless domain and records no personal data. The tool enables the deployment of other tags that may collect data in some circumstances. Google Tag Manager does not access this data. If deactivation has been implemented at domain or cookie level, this remains in place for all tracking tags that are implemented using Google Tag Manager.
Use of facebook social plug-ins
Our websites use social plug-ins of the social network facebook.com that is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The plug-ins are indicated by the Facebook logo or by the phrase “Facebook social plug-in”.
When you call up a website that is part of our internet presence and that contains such a plug-in, your browser establishes a direct connection with the servers of Facebook. The contents of the plug-ins are transmitted directly from Facebook to your browser and then used to incorporate them into the website. Through the integration of the plug-ins Facebook receives information that you have called up the corresponding page of our website on the Internet. If you are logged into Facebook, it can assign the visit to your Facebook account. If you interact with the plug-ins, e.g. if you use the button "like" or leave a comment, the corresponding information will be transferred from your browser directly to Facebook and stored there. The purpose and extent of data collection, the further processing and use of data by Facebook, as well as your rights in this regard and the possible settings by which you can protect your privacy, are to be found in data protection guidelines of Facebook. If you do not want Facebook to collect information about you via our website, you must log out of Facebook before visiting our websites on the internet.
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
HGH Hotelgesellschaft mbH
Managing directors: Marc Ciunis and Carsten von der Heide
Name and address of data protection officer
Perleberger Straße 10b
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.
Hamburg, April 2018