Hotel Res Bot UG (limited liability)
E-mail address: Brendan@hotel-reservation-bot.de
Managing Director: Brendan May
Types of processed data:
– Inventory data (eg, names, addresses).
– Contact details (eg, e-mail, telephone numbers).
– Content data (eg, text input, photographs, videos).
– Usage data (eg, visited websites, interest in content, access times).
– Meta / communication data (eg, device information, IP addresses).
Categories of affected persons
Visitors and users of the online offer (hereinafter we refer to the affected persons as “users”).
Purpose of processing
– Providing the online offer, its features and content.
– Answering contact requests and communicating with users.
– Security measures.
– Reach Measurement / Marketing
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (eg cookie) or to one or more special features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
“Processing” means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term goes far and includes virtually every handling of data.
“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data not assigned to an identified or identifiable natural person.
“Profiling” means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personal To analyze or predict preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.
“Responsible person” means the natural or legal person, public authority, body or body that decides, alone or in concert with others, on the purposes and means of processing personal data.
“Processor” means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 DSGVO, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b DSGVO, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.
We take appropriate measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different probability and severity of the risk to the rights and freedoms of individuals technical and organizational measures to ensure a level of protection appropriate to the risk.
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 DSGVO).
Collaboration with and third parties
If, in the course of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this is done only on the basis of a legal permit (eg if a transmission the data to third parties, as to payment service providers, in accordance with Article 6 paragraph 1 letter b DSGVO is required to fulfill the contract), you have consented to a legal obligation or based on our legitimate interests (eg the use of agents, webhosters , Etc.).
If we commission third parties to process data on the basis of a so-called “contract processing contract”, this is done on the basis of Art. 28 GDPR.
Transfers to Third Countries
If we process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA)) or if it is used in the context of third party services or disclosure or transmission of data to third parties only if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. DSGVO. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognized level of data protection (eg for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
data subjects You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 DSGVO the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDPR, they have the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.
You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other persons responsible.
You have gem. Art. 77 DSGVO the right to file a complaint with the competent supervisory authority.
You have the right to consent granted in accordance with. Revoke Art. 7 para. 3 GDPR with effect for the future Right to
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.
Cookies and right of objection in direct advertising
“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, for example, the content of a shopping cart in an online shop or a login status can be saved. The term “permanent” or “persistent” refers to cookies that remain stored even after the browser has been closed. For example, the login status can be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A “third-party cookie” refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called “first-party cookies”).
If users do not want cookies stored on their computer, they will be asked to disable the option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
A general contradiction against the use of the cookies used for the purpose of online marketing can in a variety of services, especially in the case of tracking, on the US side http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/ be explained. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that not all features of this online offer may be used.
Deletion of data
According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, relevant for taxation Documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters).
According to legal regulations in Austria the storage takes place especially for 7 years according to § 132 paragraph 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
In addition, we processdata
– contract(eg, subject matter, term, customer category).
– Payment data (eg, bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
We process our clients’ data as part of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, campaign and process / handling implementation, server administration, data analysis / consulting and training services.
Here we process stock data (eg, customer master data, such as names or addresses), contact data (eg, e-mail, telephone numbers), content data (eg, text inputs, photographs, videos), contract data (eg, subject matter, term), payment data (eg, Bank account, payment history), usage and metadata (eg in the context of the evaluation and success measurement of marketing measures). In principle, we do not process special categories of personal data, unless these are components of a commissioned processing. Those affected include our customers, prospects and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contract services, billing and our customer service. The legal basis of the processing results from Art. 6 para. 1 lit. b DSGVO (contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics, optimization, security measures). We process data that are necessary for the establishment and performance of the contractual services and indicate the necessity of their information. Disclosure to external parties will only be made if required by an order. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client as well as with the legal requirements of order processing pursuant to Art. Art. 28 DSGVO and process the data for no other purpose than the order.
We delete the data after expiry of legal warranty and comparable obligations. the necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiry (6 years, pursuant to § 257 (1) HGB, 10 J, in accordance with § 147 (1) AO). In the case of data disclosed to us in the context of an order by the client, we delete the data according to the specifications of the order, in principle after the end of the order.
We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (uniformly referred to as “contractual partners”) in accordance with Art. 6 para. 1 lit. b. DSGVO in order to provide you with our contractual or pre-contractual services. The data processed, the nature, scope and purpose and necessity of their processing are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (eg, names and addresses), contact data (eg e-mail addresses and telephone numbers) as well as contract data (eg, services used, contract contents, contractual communication, names of contact persons) and payment data (eg, Bank details, payment history).
In principle, we do not process special categories of personal data, unless they are part of a contracted or contractual processing.
We process data which are necessary for the establishment and fulfillment of the contractual services and point out the necessity of their indication, if this is not evident for the contractual partners. Disclosure to external persons or companies will only be made if required by a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client as well as the legal requirements.
As part of the use of our online services, we can save the IP address and the time of each user action. The storage is based on our legitimate interests, as well as the interests of the user in the protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is to pursue our claims acc. Art. 6 para. 1 lit. f. DSGVO required or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c. DSGVO.
The data will be deleted if the data is no longer required for the fulfillment of contractual or statutory duties of care and for the handling of any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed every three years; otherwise the statutory storage obligations apply.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The processing principles are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided in these processing activities.
In doing so, we disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, as well as other fee agents and payment service providers.
Furthermore, we store information on suppliers, promoters and other business partners on the basis of our business interests, eg for the purpose of contacting you later. We generally store this majority of company-related data permanently.
Users can create a user account. As part of the registration, the required mandatory information is communicated to the users and based on Art. 6 para. 1 lit. b DSGVO processed for purposes of providing the user account. The processed data include in particular the login information (name, password and an e-mail address). The data entered during registration will be used for the purpose of using the user account and its purpose.
Users may be informed by e-mail about information relevant to their user account, such as technical changes. If users have terminated their user account, their data will be deleted with respect to the user account, subject to a statutory retention requirement. It is the responsibility of the users to secure their data upon termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
As part of the use of our registration and registration functions as well as the use of the user account, the IP address and the time of the respective user action will be saved. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c DSGVO. The IP addresses will be anonymized or deleted after 7 days at the latest.
Comments and contributions
If users leave comments or other contributions, their IP addresses may be based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO be stored for 7 days. This is for our own safety, if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or post and are therefore interested in the identity of the author.
Furthermore, we reserve the right, in accordance with our legitimate interests. Art. 6 para. 1 lit. f. DSGVO to process the information of users for the purpose of spam detection.
On the same legal basis, we reserve the right, in the case of surveys, to store users’ IP addresses for their duration and to use Cookis to avoid multiple reconciliations.
The data provided in the comments and contributions are stored by us permanently until the users object.
The follow-upmay be submitted by users with their consent in accordance with Art. Art. 6 para. 1 lit. a DSGVO be subscribed. Users will receive a confirmation email to verify that they own the email address they entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain notes on the revocation options. For the purpose of proving the consent of the users, we save the registration time together with the IP address of the users and delete this information when users unsubscribe from the subscription.
You can cancel the receipt of our subscriptions at any time, ie revoke your consent. We may save the submitted email addresses for up to three years based on our legitimate interests before we delete them to provide prior consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.
Akismet Anti-Spam Testing
Our online offering uses the “Akismet” service offered by Automattic Inc., 60 29th Street # 343, San Francisco, CA 94110, USA. The use is based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f) GDPR. With the help of this service, comments of real people are distinguished from spam comments. All comment information is sent to a server in the US, where it is analyzed and stored for four days for comparison. If a comment has been classified as spam, the data will be stored beyond that time. This information includes the name entered, the email address, the IP address, the comment content, the referrer, details of the browser used, the computer system and the time of the entry.
Users are welcome to use pseudonyms, or to refrain from entering the name or email address. You can completely prevent the transfer of data by not using our commenting system. That would be a shame, but unfortunately we see no other alternatives that work equally effectively.
Retrieving Profile Pictures
We use the Gravatar service of Automattic Inc., 60 29th Street # 343, San Francisco, CA 94110, USA, within our online offering and specifically on the blog.
Gravatar is a service that allows users to log in and submit profile pictures and their email addresses. If users with the respective e-mail address on other online sites (especially in blogs) leave posts or comments, so their profile pictures can be displayed next to the posts or comments. For this purpose, the e-mail address communicated by the users to Gravatar is transmitted encrypted in order to check whether a profile is stored for it. This is the sole purpose of sending the e-mail address and it will not be used for other purposes, but will be deleted afterwards.
The use of Gravatar is based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f) DSGVO, because with the help of Gravatar we offer the post and comment writers the opportunity to personalize their posts with a profile picture.
By displaying the images, Gravatar has learned the IP address of the users, as this is necessary for communication between a browser and an online service. For more information on how Gravatar collects and uses data, see the Automattic Privacy Notice: https://automattic.com/privacy/.
If users do not want a user picture linked to their email address on Gravatar to appear in the comments, they should use a non-Gravatar email address to comment. We also point out that it is also possible to use an anonymous or even no e-mail address if the users do not want their own e-mail address to be sent to Gravatar. Users can completely prevent the transfer of data by not using our commenting system.
When contacting us (eg by contact form, e-mail, telephone or via social media) the information provided by the user for processing the contact request and its processing acc. Art. 6 para. 1 lit. b) DSGVO processed. User information can be stored in a Customer Relationship Management System (“CRM System”) or comparable request organization.
We delete the requests, if they are no longer required. We check the necessity every two years; Furthermore, the legal archiving obligations apply.
CRM System ZOHO
We use the CRM system ZOHO “, the supplier Zoho, Inc., Zoho Corporation
4141 Hacienda Drive Pleasanton, California 94588, USA , in order to be able to process inquiries of the users faster and more efficiently (legitimate interest according to Art. 6 (1) lit. DSGVO).
Zoho operates a data center in Europe and the data is not transferred outside the European Union.
Zoho uses the data of the users only for the technical processing of inquiries and does not pass them on to third parties. To use Zoho at least the indication of a correct e-mail address is necessary. A pseudonymous use is possible. During the processing of service requests it may be necessary to collect further data (name, address). The use of Zoho is optional and serves to improve and speed up our customer and user service.
If users disagree with Zendesk’s data collection and data storage in the external system, we offer alternative contact options for submitting service requests by email, phone, fax or post.
With the following information we inform you about the content of our newsletter as well as the registration, shipping and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are concretely described, they are authoritative for the consent of the users. Incidentally, our newsletter contains information about our services and us.
Double opt-in and logging: Registration for our newsletter is done in a so-called double-opt-in procedure. This means you will receive an e-mail after logging in to ask for confirmation of your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registration for the newsletter will be logged 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, changes to your data stored with the shipping service provider will be logged.
Credentials: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to give a name in the newsletter for personal address.
The dispatch of the newsletter and the associated performance measurement are based on an agreement of the recipients acc. Art. 6 para. 1 lit. a, Art. 7 DSGVO in connection with § 7 Abs. 2 Nr. 3 UWG or if consent is not required based on our legitimate interests in direct marketing acc. Art. 6 para. 1 lt. F. DSGVO in connection with § 7 Abs. 3 UWG.
The logging of the registration process is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f DSGVO. Our interest lies in the use of a user-friendly and secure newsletter system, which serves both our business interests and the expectations of the users and also allows us to prove our consent.
Termination / Revocation – You can cancel the receipt of our newsletter at any time, ie revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may save the submitted email addresses for up to three years based on our legitimate interests before we delete them to provide prior consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.
Newsletter – Mailchimp
The shipping service provider may use the data of the recipient in a pseudonymous form, ie without assignment to a user, to optimize or improve their own services, eg for the technical optimization of shipping and the presentation of newsletters or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to address them themselves or to pass the data on to third parties.
Hosting and Emailing
The hosting services we use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mailing, security and technical maintenance services we provide for the purposes of: Use of this online offer.
Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract processing contract).
Collection of access data and log files
We, or our hosting provider, collects based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO Data on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider ,
Logfile information is stored for security reasons (eg to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.
Google Tag Manager
Google Tag Manager is a solution that allows us to manage so-called website tags through a single interface (including, for example, Google Analytics and other Google marketing services in our online offering). The tag manager itself (which implements the tags) does not process users’ personal data. With regard to the processing of users’ personal data, reference is made to the following information about Google’s services. Usage guidelines: https://www.google.com/intl/en/tagmanager/use-policy.html.
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to its use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available at the following link: http: // tools .google.com / dlpage / gaoptout? hl = DE.
The personal data of users will be deleted or anonymized after 14 months.
Google Universal Analytics
We use Google Analytics as “universal analytics“. “Universal Analytics” means a process of Google Analytics, in which the user analysis is based on a pseudonymous user ID and thus a pseudonymous profile of the user is created with information from the use of different devices (so-called “cross-device tracking”) ,
Targeting with Google Analytics
We use Google Analytics to display the ads displayed within Google’s advertising services and its affiliates, only those users who have shown an interest in our online offering or who have certain characteristics (eg interests in certain topics or products, which are determined on the basis of the websites visited), which we transmit to Google (so-called “remarketing” or “Google Analytics audiences”). With Remarketing Audiences, we also want to make sure that our ads meet the potential interest of users.
Google Adsense with personalized ads
We use the services of Google LLC, 1600 Amphitheater Parkway, based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online service within the meaning of Art. 6 (1) lit. DSGVO). Mountain View, CA 94043, USA, (“Google”).
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the AdSense service, which allows ads to appear on our website and reward us for their display or other use. For this purpose, usage data, such as the click on an ad and the IP address of the users are processed, whereby the IP address is shortened by the last two digits. Therefore, the processing of the users’ data is pseudonymised.
We use Adsense with personalized ads. In doing so, Google draws conclusions about their interests based on the websites visited by users or used apps and the user profiles created in this way. Advertisers use this information to align their campaigns with these interests, which benefits users and advertisers alike. For Google, ads are personalized when collected or known data determines or influences ad selection. These include past searches, activities, site visits, apps, demographics, and location information. Specifically, this includes demographic targeting, interest category targeting, remarketing, and targeting to customer comparison lists and audience lists uploaded to DoubleClick Bid Manager or Campaign Manager.
Google AdWords and Conversion Measurement
We use the services of Google LLC, 1600 Amphitheater Parkway based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online service as defined in Art. 6 (1) lit. DSGVO) , Mountain View, CA 94043, USA, (“Google”).
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use Google’s online AdWords marketing tool “AdWords” to place ads on the Google advertising network (eg, in search results, in videos, on websites, etc.) so that they are displayed to users who have a suspected interest in the ads. This allows us to more specifically display ads for and within our online offering so that we only present ads to users that potentially match their interests. For example, if a user sees ads for products he’s been looking for on other online offerings, that’s called remarketing. For these purposes, upon access to our and other websites where the Google Advertising Network is active, Google will immediately execute a Google code and become so-called (re) marketing tags (invisible graphics or code, also known as “).” Web beacons “) incorporated into the website. With their help, the user can store an individual cookie, ie a small file (instead of cookies, comparable technologies can also be used). In this file is noted which websites the user visited, for what content he is interested and what offers the user has clicked, as well as technical information about the browser and operating system, referring websites, visit time and other information on the use of the online offer.
Furthermore, we receive an individual “conversion cookie”. The information obtained through the cookie is used by Google to generate conversion statistics for us. However, we only hear the anonymous total number of users who clicked on our ad and were redirected to a conversion tracking tag page. However, we do not receive any information that personally identifies users.
The data of the users are pseudonym processed within the Google advertising network. For example, Google does not store and process users’ names or e-mail addresses, but processes the relevant data in a cookie-related manner within pseudonymous user profiles. That is, from the perspective of Google, the ads are not managed and displayed to a specifically identified person, but to the cookie owner, regardless of who that cookie owner is. This does not apply if a user has explicitly allowed Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google’s servers in the United States.
Online presence in social media
We maintain online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.
Integration of Services and ThirdContent
PartyWithin our online offer based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), we offer content or service offers from third parties to include their content and services, such as videos or fonts (collectively referred to herein as “Content”).
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.
We include the videos from the YouTube platform of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
We incorporate the fonts (“Google Fonts”) provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
We include maps from the Google Maps service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, users’ IP addresses and location data, but these are not collected without their consent (usually as part of the settings of their mobile devices). The data can be processed in the USA. Data protection: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Within our online offering, features and content of the LinkedIn service offered by LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, may be incorporated. This may include, for example, content such as images, videos or text and buttons that allow users to share content from this online offering within LinkedIn. If the users are members of the platform LinkedIn, LinkedIn can assign the call of the above contents and functions to the profiles of the users there. LinkedIn privacy statement: https://www.linkedin.com/legal/privacy-policy.LinkedIn is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active). Data protection: https://www.linkedin.com/legal/privacy-policy, opt-out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
Data Processing Agreement for Outlook / email client add-in.
This DPA covers the use of our Hotel Email Reservation Assistance used through our plugins or add-ins available for multiple email clients such as Microsoft Outlook or IBM Notes.
The specific provisions according to Article 28 Paragraph 3 GDPR should be incorporated into the Agreement in their entirety and be used as a Checklist. The alternatives applicable for the specific service relationship should be ticked. Empty fields are to be filled in as applicable to the specific requirements of each individual Order or Contract. Systems of payment and liability conditions concerning the specific services of the Supplier should be agreed in the main contract.
Subject matter and duration of the Order or Contract
(1) Subject matter
- The Subject matter of the Order or Contract results from the Service Agreement/SLA/ …………….. dated …………., which is referred to here (hereinafter referred to as Service Agreement).
- The Subject matter of the Order or Contract regarding the processing of data is the execution of the following services or tasks by the Supplier ……………………………………………………………………… (Definition of the services or tasks)
- The duration of this Order or Contract corresponds to the duration of the Service Agreement.
or (specifically, if no Service Agreement regarding the Duration exists)
- The Order or Contract will be authorised for one time execution only.
- The Duration of this Contract is limited to ……….. .
- The Contract is authorised for an unlimited period and can be cancelled by either Party with a notice period of……(time period) to …….(deadline) . This does not prejudice the right to termination of the contract without notice.
2. Specification of the Order or Contract Details
- Nature and Purpose of the intended Processing of Data
- Nature and Purpose of Processing of personal data by the Supplier for the Client are precisely defined in the Service Agreement dated ………………. .
- Detailed description of the Subject Matter with regard to the Nature and Purpose of the services provided by the Supplier: ………………………………….
The undertaking of the contractually agreed Processing of Data shall be carried out exclusively within a Member State of the European Union (EU) or within a Member State of the European Economic Area (EEA). Each and every Transfer of Data to a State which is not a Member State of either the EU or the EEA requires the prior agreement of the Client and shall only occur if the specific Conditions of Article 44 et seq. GDPR have been fulfilled. The adequate level of protection in …………. (e.g. country, territory or specific sectors within a country)
- has been decided by the European Commission (Article 45 Paragraph 3 GDPR);
- is the result of binding corporate rules (Article 46 Paragraph 2 Point b in conjunction with Article 47 GDPR);
- is the result of Standard Data Protection Clauses (Article 46 Paragraph 2 Points c and d GDPR);
- is the result of approved Codes of Conduct (Article 46 Paragraph 2 Point e in conjunction with Article 40 GDPR);
- is the result of an approved Certification Mechanism. (Article 46 Paragraph 2 Point f in conjunction with Article 42 GDPR).
- is established by other means:………. (Article 46 Paragraph 2 Point a, Paragraph 3 Points a and b GDPR)
(2) Type of Data
- The type of personal data used is precisely defined in the Service Agreement under:…..
- The Subject Matter of the processing of personal data comprises the following data types/categories (List/Description of the Data Categories)
- Personal Master Data (Key Personal Data)
- Contact Data
- Key Contract Data (Contractual/Legal Relationships, Contractual or Product Interest)
- Customer History
- Contract Billing and Payments Data
- Disclosed Information (from third parties, e.g. Credit Reference Agencies or from Public Directories…
- Other:… (Please specify)
- Categories of Data Subjects
- The Categories of Data Subjects are precisely defined in the Service Agreement under:…………………………….
- The Categories of Data Subjects comprise:
- Potential Customers
- Authorised Agents
- Contact Persons
- Other:…… (Please specify)
3. Technical and Organisational Measures
(1) Before the commencement of processing, the Supplier shall document the execution of the necessary Technical and Organisational Measures, set out in advance of the awarding of the Order or Contract, specifically with regard to the detailed execution of the contract, and shall present these documented measures to the Client for inspection. Upon acceptance by the Client, the documented measures become the foundation of the contract. Insofar as the inspection/audit by the Client shows the need for amendments, such amendments shall be implemented by mutual agreement.
(2) The Supplier shall establish the security in accordance with Article 28 Paragraph 3 Point c, and Article 32 GDPR in particular in conjunction with Article 5 Paragraph 1, and Paragraph 2 GDPR. The measures to be taken are measures of data security and measures that guarantee a protection level appropriate to the risk concerning confidentiality, integrity, availability and resilience of the systems. The state of the art, implementation costs, the nature, scope and purposes of processing as well as the probability of occurrence and the severity of the risk to the rights and freedoms of natural persons within the meaning of Article 32 Paragraph 1 GDPR must be taken into account. [Details in Appendix 1]
(3) The Technical and Organisational Measures are subject to technical progress and further development. In this respect, it is permissible for the Supplier to implement alternative adequate measures. In so doing, the security level of the defined measures must not be reduced. Substantial changes must be documented.
4. Rectification, restriction and erasure of data
(1) The Supplier may not on its own authority rectify, erase or restrict the processing of data that is being processed on behalf of the Client, but only on documented instructions from the Client.
Insofar as a Data Subject contacts the Supplier directly concerning a rectification, erasure, or restriction of processing, the Supplier will immediately forward the Data Subject’s request to the Client.
(2) Insofar as it is included in the scope of services, the erasure policy, ‘right to be forgotten’, rectification, data portability and access shall be ensured by the Supplier in accordance with documented instructions from the Client without undue delay.
5. Quality assurance and other duties of the Supplier
In addition to complying with the rules set out in this Order or Contract, the Supplier shall comply with the statutory requirements referred to in Articles 28 to 33 GDPR; accordingly, the Supplier ensures, in particular, compliance with the following requirements:
- ☐ Appointed Data Protection Officer, who performs his/her duties in compliance with Articles 38 and 39 GDPR.
- The Client shall be informed of his/her contact details for the purpose of direct contact. The Client shall be informed immediately of any change of Data Protection Officer.
- The Supplier has appointed Mr/Ms [enter: given name, surname, organisational unit, telephone, e-mail] as Data Protection Officer. The Client shall be informed immediately of any change of Data Protection Officer.
- His/Her current contact details are always available and easily accessible on the website of the Supplier.
- ☐The Supplier is not obliged to appoint a Data Protection Officer. Mr/Ms [enter: given name, surname, organisational unit, telephone, e-mail] is designated as the Contact Person on behalf of the Supplier.
- ☐As the Supplier is established outside the EU & EEA it designates the following Representative within the Union pursuant to Article 27 Paragraph 1 GDPR: Mr/Ms [enter: given name, surname, organisational unit, telephone, e-mail].
- Confidentiality in accordance with Article 28 Paragraph 3 Sentence 2 Point b, Articles 29 and 32 Paragraph 4 GDPR. The Supplier entrusts only such employees with the data processing outlined in this contract who have been bound to confidentiality and have previously been familiarised with the data protection provisions relevant to their work. The Supplier and any person acting under its authority who has access to personal data, shall not process that data unless on instructions from the Client, which includes the powers granted in this contract, unless required to do so by law.
- Implementation of and compliance with all Technical and Organisational Measures necessary for this Order or Contract in accordance with Article 28 Paragraph 3 Sentence 2 Point c, Article 32 GDPR [details in Appendix 1].
- The Client and the Supplier shall cooperate, on request, with the supervisory authority in performance of its tasks.
- The Client shall be informed immediately of any inspections and measures conducted by the supervisory authority, insofar as they relate to this Order or Contract. This also applies insofar as the Supplier is under investigation or is party to an investigation by a competent authority in connection with infringements to any Civil or Criminal Law, or Administrative Rule or Regulation regarding the processing of personal data in connection with the processing of this Order or Contract.
- Insofar as the Client is subject to an inspection by the supervisory authority, an administrative or summary offence or criminal procedure, a liability claim by a Data Subject or by a third party or any other claim in connection with the Order or Contract data processing by the Supplier, the Supplier shall make every effort to support the Client.
- The Supplier shall periodically monitor the internal processes and the Technical and Organizational Measures to ensure that processing within his area of responsibility is in accordance with the requirements of applicable data protection law and the protection of the rights of the data subject.
- Verifiability of the Technical and Organisational Measures conducted by the Client as part of the Client’s supervisory powers referred to in item 7 of this contract.
(1) Subcontracting for the purpose of this Agreement is to be understood as meaning services which relate directly to the provision of the principal service. This does not include ancillary services, such as telecommunication services, postal / transport services, maintenance and user support services or the disposal of data carriers, as well as other measures to ensure the confidentiality, availability, integrity and resilience of the hardware and software of data processing equipment. The Supplier shall, however, be obliged to make appropriate and legally binding contractual arrangements and take appropriate inspection measures to ensure the data protection and the data security of the Client’s data, even in the case of outsourced ancillary services.
(2) The Supplier may commission subcontractors (additional contract processors) only after prior explicit written or documented consent from the Client.
- ☐ Subcontracting is not permitted.
- ☐ The Client agrees to the commissioning of the following subcontractors on the condition of a contractual agreement in accordance with Article 28 paragraphs 2-4 GDPR:
- ☐ Outsourcing to subcontractors or
☐ Changing the existing subcontractor
are permissible when:
- The Supplier submits such an outsourcing to a subcontractor to the Client in writing or in text form with appropriate advance notice; and
- The Client has not objected to the planned outsourcing in writing or in text form by the date of handing over the data to the Supplier; and
- The subcontracting is based on a contractual agreement in accordance with Article 28 paragraphs 2-4 GDPR.
(3) The transfer of personal data from the Client to the subcontractor and the subcontractors commencement of the data processing shall only be undertaken after compliance with all requirements has been achieved.
(4) If the subcontractor provides the agreed service outside the EU/EEA, the Supplier shall ensure compliance with EU Data Protection Regulations by appropriate measures. The same applies if service providers are to be used within the meaning of Paragraph 1 Sentence 2.
(5) Further outsourcing by the subcontractor
- Is not permitted;
- Requires the express consent of the main Client (at the minimum in text form);
- Requires the express consent of the Supplier (at the minimum in text form);
All contractual provisions in the contract chain shall be communicated to and agreed with each and every additional subcontractor.
7. Supervisory powers of the Client
(1) The Client has the right, after consultation with the Supplier, to carry out inspections or to have them carried out by an auditor to be designated in each individual case. It has the right to convince itself of the compliance with this agreement by the Supplier in his business operations by means of random checks, which are ordinarily to be announced in good time.
(2) The Supplier shall ensure that the Client is able to verify compliance with the obligations of the Supplier in accordance with Article 28 GDPR. The Supplier undertakes to give the Client the necessary information on request and, in particular, to demonstrate the execution of the Technical and Organizational Measures.
(3) Evidence of such measures, which concern not only the specific Order or Contract, may be provided by
- Compliance with approved Codes of Conduct pursuant to Article 40 GDPR;
- Certification according to an approved certification procedure in accordance with Article 42 GDPR;
- Current auditor’s certificates, reports or excerpts from reports provided by independent bodies (e.g. auditor, Data Protection Officer, IT security department, data privacy auditor, quality auditor)
- A suitable certification by IT security or data protection auditing (e.g. according to BSI-Grundschutz (IT Baseline Protection certification developed by the German Federal Office for Security in Information Technology (BSI)) or ISO/IEC 27001).
(4) The Supplier may claim remuneration for enabling Client inspections.
8. Communication in the case of infringements by the Supplier
(1) The Supplier shall assist the Client in complying with the obligations concerning the security of personal data, reporting requirements for data breaches, data protection impact assessments and prior consultations, referred to in Articles 32 to 36 of the GDPR. These include:
- Ensuring an appropriate level of protection through Technical and Organizational Measures that take into account the circumstances and purposes of the processing as well as the projected probability and severity of a possible infringement of the law as a result of security vulnerabilities and that enable an immediate detection of relevant infringement events.
- The obligation to report a personal data breach immediately to the Client
- The duty to assist the Client with regard to the Client’s obligation to provide information to the Data Subject concerned and to immediately provide the Client with all relevant information in this regard.
- Supporting the Client with its data protection impact assessment
- Supporting the Client with regard to prior consultation of the supervisory authority
(2) The Supplier may claim compensation for support services which are not included in the description of the services and which are not attributable to failures on the part of the Supplier.
9. Authority of the Client to issue instructions
(1) The Client shall immediately confirm oral instructions (at the minimum in text form).
(2) The Supplier shall inform the Client immediately if he considers that an instruction violates Data Protection Regulations. The Supplier shall then be entitled to suspend the execution of the relevant instructions until the Client confirms or changes them.
10. Deletion and return of personal data
(1) Copies or duplicates of the data shall never be created without the knowledge of the Client, with the exception of back-up copies as far as they are necessary to ensure orderly data processing, as well as data required to meet regulatory requirements to retain data.
(2) After conclusion of the contracted work, or earlier upon request by the Client, at the latest upon termination of the Service Agreement, the Supplier shall hand over to the Client or – subject to prior consent – destroy all documents, processing and utilization results, and data sets related to the contract that have come into its possession, in a data-protection compliant manner. The same applies to any and all connected test, waste, redundant and discarded material. The log of the destruction or deletion shall be provided on request.
(3) Documentation which is used to demonstrate orderly data processing in accordance with the Order or Contract shall be stored beyond the contract duration by the Supplier in accordance with the respective retention periods. It may hand such documentation over to the Client at the end of the contract duration to relieve the Supplier of this contractual obligation.
Appendix – Technical and Organisational Measures
Confidentiality (Article 32 Paragraph 1 Point b GDPR)
- Physical Access Control
No unauthorised access to Data Processing Facilities, e.g.: magnetic or chip cards, keys, electronic door openers, facility security services and/or entrance security staff, alarm systems, video/CCTV Systems
- Electronic Access Control
No unauthorised use of the Data Processing and Data Storage Systems, e.g.: (secure) passwords, automatic blocking/locking mechanisms, two-factor authentication, encryption of data carriers/storage media
- Internal Access Control (permissions for user rights of access to and amendment of data)
No unauthorised Reading, Copying, Changes or Deletions of Data within the system, e.g. rights authorisation concept, need-based rights of access, logging of system access events
- Isolation Control
The isolated Processing of Data, which is collected for differing purposes, e.g. multiple Client support, sandboxing;
- Pseudonymisation (Article 32 Paragraph 1 Point a GDPR; Article 25 Paragraph 1 GDPR)
The processing of personal data in such a method/way, that the data cannot be associated with a specific Data Subject without the assistance of additional Information, provided that this additional information is stored separately, and is subject to appropriate technical and organisational measures.
Integrity (Article 32 Paragraph 1 Point b GDPR)
- Data Transfer Control
No unauthorised Reading, Copying, Changes or Deletions of Data with electronic transfer or transport, e.g.: Encryption, Virtual Private Networks (VPN), electronic signature;
- Data Entry Control
Verification, whether and by whom personal data is entered into a Data Processing System, is changed or deleted, e.g.: Logging, Document Management
Availability and Resilience (Article 32 Paragraph 1 Point b GDPR)
- Availability Control
Prevention of accidental or wilful destruction or loss, e.g.: Backup Strategy (online/offline; on-site/off-site), Uninterruptible Power Supply (UPS), virus protection, firewall, reporting procedures and contingency planning
- Rapid Recovery (Article 32 Paragraph 1 Point c GDPR) (Article 32 Paragraph 1 Point c GDPR);
Procedures for regular testing, assessment and evaluation (Article 32 Paragraph 1 Point d GDPR; Article 25 Paragraph 1 GDPR)
- Data Protection Management;
- Incident Response Management;
- Data Protection by Design and Default (Article 25 Paragraph 2 GDPR);
- Order or Contract Control
No third party data processing as per Article 28 GDPR without corresponding instructions from the Client, e.g.: clear and unambiguous contractual arrangements, formalised Order Management, strict controls on the selection of the Service Provider, duty of pre-evaluation, supervisory follow-up checks.