Data Protection Statement of Weissenhäuser Strand GmbH & Co. KG

We appreciate you visiting our websites and we thank you for your interest in our hotel. The protection of personal data is a very important issue for us.

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.weissenhaeuserstrand.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 to the German version of the Data Protection Statement. This text is for information only and makes no claim for completeness.

We appreciate you visiting our websites and we thank you for your interest in our Holiday and Resort Park. 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 Weissenhäuser Strand GmbH & Co. KG (hereinafter called “our company”, “we”, “us” etc.) 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.

Definitions

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

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

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

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

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

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

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

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

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

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

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

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

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

Rights of the data subject

Right to confirmation: Every data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed.

If a data subject wishes to make use of this right of confirmation, he/she can contact the controller at any time.

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

  • the purposes of the processing
  • the categories of personal data concerned
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing 
  • the right to lodge a complaint with a supervisory authority
  • where the personal data are not collected from the data subject, any available information as to their source
  • the existence of automated decision-making, including profiling, referred to in the Art. 22 Para. 1 and 4 GDPR 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 Art. 6 Para. 1 lit. a GDPR, or Art. 9 Para. 2 lit. a GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Art. 21 Para 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 Para 2 GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must 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 Art. 8 Para. 1 GDPR.

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 us, 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 and if we as controller are obliged pursuant to Art. 17 Para 1 GDPR to erase the personal data, our company 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 Art. 21 Para. 1 GDPR 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 us, 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 Art. 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 GDPR or on a contract pursuant to Art. 6 Para. 1 lit. b GDPR 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 Art. 20 Para. 1 GDPR, 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 Art. 6 Para. 1 lit. e GDPR or Art. 6 Para. 1 lit f GDPR. This also applies to profiling based on those provisions.

In case of an objection our company 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 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 us against processing for direct marketing purposes, the personal data shall no longer be processed for such purposes by us.

Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Art. 89 Para. 1 GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to make an objection to us 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 shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

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

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

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

Right to lodge a complaint with a supervisory authority: Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation. A list of the state data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Service/Anschriften/anschriften_table.html (in German)

The data protection supervisory authority responsible for us is:

Independent Centre for Data Protection Schleswig-Holstein

Marit Hansen
P.O. Box 71 16
24171 Kiel

or:

Holstenstrasse 98
24103 Kiel

Phone: +49 (0) 431 / 988-12 00
Email: mail@datenschutzzentrum.de

Cooperation with processors and third parties

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

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

Routine deletion and blocking of personal data

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

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

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

Security of personal data

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

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

Website Encryption

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

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

Collection of general data and information

Our website 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 does not draw any conclusions about the data subject. In fact, this information is needed in order:

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

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

This data is not amalgamated with other data sources.

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

Request by E-Mail, Phone or Fax

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

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

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

Data transmission via web form

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

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

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

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

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

Booking system

We use an online booking system for room reservations on this website. By clicking on the corresponding button, an input mask opens with which you can make a hotel room reservation.

If you would like to book a room with us, it is necessary for the conclusion of the contract that you provide your personal data, which we need to process your booking. Mandatory information required for processing the contracts is marked separately; further information is voluntary. The data is entered in an input mask and transmitted to us and stored.

Data is also passed on to the relevant payment service provider. The data will only be passed on to third parties if the transfer is necessary for the purpose of processing the contract or for billing purposes or to collect the fee, or if you have given your express consent. In this regard, we only pass on the data required in each case.

The legal basis is Art. 6 Para. 1 lit. b GDPR. With regard to voluntary data, the legal basis for processing the data is Article 6 Para. 1 lit. a GDPR. The compulsory information collected is required to fulfill the contract with the user (for the purpose of providing the goods or service and confirming the content of the contract). We therefore use the data to answer your inquiries, to process your booking, if necessary, to check the creditworthiness or recovery of a claim and for the purpose of technical administration of the website. The voluntary information is provided to prevent abuse and, if necessary, to investigate crimes.

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. Due to commercial and tax regulations, we are obliged to store your address, payment and order data for a period of 10 years after the contract has been carried out. However, we restrict processing after 6 years, i.e. your data will only be used to comply with legal obligations. If there is a permanent obligation between us and the user, we save the data for the entire term of the contract and for a period of ten years thereafter (see above). With regard to the voluntarily provided data, we will delete the data 6 years after the contract has been executed, provided that no further contract is concluded with the user during this time; In this case, the data will be deleted 6 years after the last contract has been carried out.

If the data is necessary to fulfill a contract or to carry out pre-contractual measures, the data can only be deleted prematurely unless there are contractual or legal obligations to prevent deletion. Otherwise, you are free to have the personal data provided during registration completely deleted from the data base of the person responsible. Regarding the voluntary data, you can revoke your consent to the person responsible at any time. In this case, the voluntary data will be deleted immediately.

Table reservation

You have the possibility to make a table reservation through our website. For this purpose, we work together with the provider resmio (resmio GmbH, Katzwangerstr. 150 Zugang 1 C, 90461 Nuremberg). Resmio is a service with which table reservations can be organized and customers can be attended to.

The data you have entered for the purpose of contacting (name, e-mail and telephone number) will be stored on resmio's servers in Europe. In addition, the date and time, as well as the IP address, are stored. The data will not be passed on to third parties. The data will be deleted after 6 months at the latest.

The legal basis for the use of resmio is our legitimate interest according to Art. 6 Para. 1 lit. f GDPR to enable a simple and user-friendly reservation system. The transfer of your data to resmio and further data processing by resmio is based on your consent according to Art. 6 Para. 1 lit. a GDPR. When you make a reservation, we will subsequently receive from resmio the personal data you have provided for the execution of the reservation in our restaurants. The legal basis for data processing is then Art. 6 Para. 1 lit. b GDPR.

Further information about data protection at resmio can be found here: https://www.resmio.com/en/privacy-policy/

Voucher sale

If you order vouchers from us, it is necessary for the conclusion of the contract that you give us your personal data, which we need to process your order. Mandatory data necessary for the processing of the contracts are marked separately, further data are voluntary. The data will be entered into an input mask, transmitted to us and stored.

You can either use our website to make voucher purchases as a guest without registering or to register as a customer in our store for future orders. Registration has the advantage for you that you can log in to our store directly with your username and password in the event of a future order without having to enter your contact details again.

At the time of sending the booking or inquiry, the IP address of the user, the date and time of registration, browser information and the address of the visited website are stored in addition to the information entered in the input fields. This data is collected for the technical administration of the website as well as for the prevention of misuse and the investigation of criminal offences, if applicable.

The collected data is necessary for the fulfilment of the contract with the user (for the purpose of providing the goods or services and confirming the content of the contract). We therefore use the data to answer your inquiries, for processing and for the payment of your booking and for the technical administration of the website.

The legal basis is Art. 6 Para. 1 lit. b GDPR. Regarding any data that may have been voluntarily transmitted to us, the legal basis for processing is Art. 6 Para. 1 lit. a GDPR. The legal basis for the processing of data provided for technical administration purposes is Art. 6 Par. 1 lit. f GDPR.

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. Due to commercial and tax regulations, we are obliged to store your address, payment and order data for a period of 10 years after the contract has been carried out. However, after 6 years, we restrict processing, i.e. H. Your data will only be used to comply with legal obligations. If there is a permanent obligation between us and the user, we save the data for the entire term of the contract and for a period of ten years thereafter (see above). With regard to the voluntarily provided data, we will delete the data 6 years after the contract has been executed, provided that no further contract is concluded with the user during this time; In this case, the data will be deleted 6 years after the last contract has been carried out.

If the data is necessary to fulfill a contract or to carry out pre-contractual measures, the data can only be deleted prematurely unless there are contractual or legal obligations to prevent deletion. Otherwise, you are free to have the personal data provided during registration completely deleted from the data base of the person responsible. Regarding the voluntary data, you can revoke your consent to the person responsible at any time. In this case, the voluntary data will be deleted immediately.

Integration of the Trusted Shops Trustbadge

The Trusted Shops Trustbadge is integrated on this website to display our Trusted Shops seal of approval and any reviews we may have collected, as well as to offer Trusted Shops products to buyers after an order has been placed.

This serves to protect our legitimate interests, which predominate in the context of a balancing of interests, in optimal marketing by enabling safe shopping in accordance with Art. 6 Para. 1 lit. f GDPR. The Trustbadge and the services advertised with it are offered by Trusted Shops GmbH, Subbelrather Str.15C, 50823 Cologne.

The Trustbadge is provided by a CDN provider (Content Delivery Network) as part of order processing. Trusted Shops GmbH also uses service providers from the USA. An adequate level of data protection is ensured. Further information on data protection at Trusted Shops GmbH can be found here: https://www.trustedshops.de/impressum/#datenschutz

When the Trustbadge is called up, the web server automatically saves a so-called server log file, which also contains your IP address, the date and time of the call, the amount of data transferred and the requesting provider (access data) and documents the call. Individual access data are stored in a security database for the analysis of security issues. The log files are automatically deleted no later than 90 days after creation.

Further personal data is transferred to Trusted Shops GmbH if you decide to use Trusted Shops products after completing an order or if you have already registered for use. The contractual agreement made between you and Trusted Shops applies. For this purpose, personal data is automatically collected from the order data. Whether you are already registered as a buyer for a product use is automatically checked using a neutral parameter, the email address hashed by a cryptological one-way function. The email address is converted into this hash value, which cannot be decrypted for Trusted Shops, before it is transmitted. After checking for a match, the parameter is automatically deleted.

This is necessary for the fulfillment of our and Trusted Shops ‘overriding legitimate interests in the provision of the buyer protection linked to the specific order and the transactional evaluation services according to Art. 6 Para. 1 lit. f GDPR required. Further details, including the objection, can be found in the Trusted Shops data protection declaration linked above and in the Trustbadge.

Data protection provisions about the use of VR-Pay as a payment processor

On this website, the controller has integrated VR-Pay components. VR-Pay is an online payment service provider, which allows purchases on an credit card payment. The operating company of VR-Pay is CardProcess GmbH, Wachhausstraße 4, 76227 Karlsruhe.

If the data subject selects the “credit card” during the registration process in our platform as a payment option, the data of the data subject is automatically transmitted to VR-Pay. By selecting these payment option, the data subject agrees to this transmission of personal data required for the processing of the registration.

The personal data transmitted to VR-Pay is usually first name, surname, IP address, as well as other data necessary for the processing of a credit card payment. The processing of the purchase contract also requires such personal data, which are in connection with the respective order. In particular, the exchange of payment information such as bank details, card number, date of validity and CVC code, cumulative number, item number, data on goods and services, prices and taxes, information on the previous purchase behavior or other details of the financial situation of the data subject.

The purpose of the transmission of the data is, in particular, the identification check, payment administration, andfraud prevention. The controller shall provide VR-Pay with personal data, in particular, if a legitimate interest in the transmission exists. The personal data exchanged between VR-Pay and the data subject for the data processing shall be transmitted by VR-Pay to economic agencies. This transmission is intended for identity and creditworthiness checks.

VR-Pay collects and uses data and information on the previous payment behavior of the data subject as well as probability values for their behavior in the future (so-called scoring) in order to decide on the reasoning, implementation or termination of a contractual relationship. The calculation of scoring is carried out on the basis of scientifically-recognized mathematical-statistical methods.

The data subject is able to revoke the consent to the handling of personal data at any time from VR-Pay. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of VR-Pay may be retrieved under https://www.vr-pay.de/datenschutz-haftung/ (in German)

TrustYou

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

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

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

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

Survio

For the creation, technical implementation and evaluation of surveys, we use a service provided by Survio s.r.o. (Ltd.), IČO 28300785, Brno, Hlinky 995/70, PSČ 60300, Czech Republic (hereinafter referred to as ‘Survio’).
As soon as you click on the corresponding button (e.g. ‘Start survey’), you will be redirected to the pages of Survio, the provider of web-based survey solutions used by us. Certain cookies, including those from third parties, are used here and the website www.survio.com automatically identifies the user's IP address.
The specific types of data to be provided can be found in the corresponding survey forms.
The use of this service is voluntary and is based on your consent in accordance with Art. 6 Para. 1 lit. a GDPR. Consent can be revoked at any time with effect for the future.
A so-called Data Processing Agreement has been concluded with Survio in accordance with Art. 28 Para. 3 GDPR. In this contract, we oblige this service provider to protect the data of the participants and not to pass it on to third parties. Survio uses the data collected exclusively on our behalf for the purpose stated here. Survio will not use the data for any other purpose. Survio also takes all technical and organisational measures to protect this data.
Further information on the processing of data by Survio and on data protection in connection with Survio can be found in their privacy policy at https://www.survio.com/en/privacy-policy

Links to other websites

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

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

Cookies

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

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

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

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

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

Consentmanager

Our website uses a web service provided by consentmanager AB, Håltegelvägen 1b, 72348 Västerås, Sweden (hereinafter referred to as "Consentmanager"). Consentmanager enables us to inform you about the use of cookies on our website in an accurate and transparent manner. In this way, you receive an up-to-date cookie notice that complies with data protection regulations and decide for yourself which cookies you wish to allow.

For this purpose, Consentmanager shows you the buttons "Accept and continue" and "Reject and continue" on your first visit. Under "Customize your Choice" you will find a cookie list arranged according to function groups. Here you can activate the cookies by clicking the corresponding switches. Please note that the technical cookies are already stored when the website is called up and the relevant switches are preset.

The legal basis for the use of Consentmanager results from our legitimate interest in a functional cookie management and is therefore carried out in accordance with Art. 6 Para. 1 lit. f GDPR. A further legal basis results from the fulfilment of data protection requirements in connection with cookies requiring consent and therefore pursuant to Art. 6 Para. 1 lit. c GDPR.

For further information about "Consent Manager", please refer to the data protection declaration at https://www.consentmanager.net/datenschutz/

Google Tag Manager

We use the Google Tag Manager on our website. "Google" is a group of companies and consists of Google Ireland Ltd. (provider of the service), Gordon House, Barrow Street, Dublin 4, Ireland as well as Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA and other affiliated companies of Google LLC.

The Google Tag Manager is an auxiliary service and only processes personal data itself for technically necessary purposes. The Google Tag Manager takes care of loading other components, which in turn may collect data. The Google Tag Manager does not access this data. If a deactivation has been made at domain or cookie level, this remains in place for all tracking tags implemented with Google Tag Manager.

The legal basis for the use of this service is your consent in accordance with Art. 6 Para. 1 lit. a GDPR and § 25 Para. 1 TTDSG.

For more information on Google Tag Manager and Google's privacy policy, please see the following link: https://policies.google.com/privacy

Google Analytics

Google (Universal) Analytics

This website uses Google (Universal) Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google").

Google (Universal) Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google LLC. on servers in the United States.

This website uses Google (Universal) Analytics exclusively with the extension "_anonymizeIp()", which ensures anonymisation of the IP address by shortening it and excludes direct personal reference. The extension means that your IP address is shortened beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google LLC. server in the USA and shortened there. Google will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google (Universal) Analytics will not be merged with other Google data.

Google Analytics also enables the creation of statistics with statements about the age, gender and interests of site visitors on the basis of an evaluation of interest-based advertising and with the inclusion of third-party information via a special function, the so-called "demographic characteristics".

This allows the definition and differentiation of user groups of the website for the purpose of targeting marketing measures. However, data records collected via the "demographic characteristics" cannot be assigned to a specific person.

Details on the processing triggered by Google Analytics and Google's handling of data from websites can be found here: https://policies.google.com/technologies/partner-sites

All of the processing described above, in particular the setting of Google Analytics cookies for the reading of information on the end device used, will only be carried out if you have given us your explicit consent to do so in accordance with Art. 6 Para. 1 lit. a GDPR. Without this consent, Google Analytics will not be used during your visit to the site.

You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the "Cookie Consent Tool" provided on the website.

We have concluded a so-called Data Processing Agreement (“DPA”) with Google for the use of Google Analytics, which obliges Google to protect the data of our site visitors and not to pass it on to third parties.

For the transfer of data from the EU to the USA, Google refers to the so-called Standard Data Protection Clauses of the European Commission, which are intended to ensure compliance with the European level of data protection in the USA.

Further information on Google (Universal) Analytics can be found here: https://policies.google.com/privacy

Google Analytics 4

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

Nature and purpose of the processing

Google Analytics 4 uses cookies that enable an analysis of your use of our websites. The information collected by means of the cookies about your use of this website is generally transferred to a Google server in the USA and stored there.

We use the User ID function. User ID allows us to assign a unique, persistent ID to one or more sessions (and the activities within those sessions) and to analyse user behaviour across devices.

We use Google Signals. This allows Google Analytics to collect additional information about users who have personalised ads enabled (interests and demographics) and ads can be delivered to these users in cross-device remarketing campaigns.

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

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

  • Page views
  • First visit to the website
  • Start of session
  • Web pages visited
  • Your "click path", interaction with the website
  • Scrolls (whenever a user scrolls to the bottom of the page (90%))
  • Clicks on external links
  • Internal search queries
  • Interaction with videos
  • File downloads
  • Seen Ads / clicked Ads

Also recorded:

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

Purposes of the data processing

On behalf of the operator Google will use this information to evaluate your pseudonymous use of the website and to compile reports on website activity. The reports provided by Google Analytics 4 serve to analyse the performance of our website and the success of our marketing campaigns.

Recipients

Recipients of the data are/may be:

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

Third country transfer

For the USA, the European Commission adopted a news adequacy decision on 10 July 2023. Google LLC is certified under the EU-US Privacy Framework. Since Google servers are distributed worldwide and a transfer to third countries (for example to Singapore) cannot be completely ruled out, we have also concluded the EU standard contractual clauses with the provider to establish an appropriate level of data protection in those countries.

Retention period

The data sent by us and linked to cookies are automatically deleted after 2 months. The maximum lifespan of Google Analytics cookies is 2 years. The deletion of data whose retention period has been reached occurs automatically once a month.

Legal basis

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

Withdrawal

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

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

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

Google Ads

We use "Google Ads" (formerly Google AdWords) on our website, a service of Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland (hereinafter referred to as "Google"). Google Ads enables us to draw attention to our attractive offers with the help of advertising material on external websites. This enables us to determine how successful individual advertising measures are. These advertising materials are delivered by Google via so-called "AdServer". For this purpose, we use so-called AdServer cookies, which can be used to measure certain parameters for measuring success, such as the display of ads or clicks by users. If you access our website via a Google ad, Google Ads stores a cookie on your PC. These cookies usually lose their validity after 30 days. They should not be used to personally identify you. The following information is usually saved as analysis values for this cookie: unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversions), opt-out information (marking that the Users no longer want to be addressed). These cookies enable Google to recognize your web browser. If a user visits certain pages of the website of an Ads customer and the cookie stored on their computer has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page. A different cookie is assigned to each Ads customer. Cookies cannot therefore be tracked via the websites of Ads customers. We ourselves do not collect and process any personal data in the advertising measures mentioned. We only receive statistical evaluations from Google. Based on these evaluations, we can see which of the advertising measures used are particularly effective. We do not receive any further data from the use of the advertising material, in particular we cannot identify the users based on this information. Due to the marketing tools used, your browser automatically establishes a direct connection to the Google server. We have no influence on the scope and further use of the data collected by Google through the use of Google Ads. To the best of our knowledge, Google receives the information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you have a Google user account and are registered, Google can assign the visit to your user account. Even if you are not registered with Google or have not logged in, there is a possibility that Google will find out and save your IP address.

We use Google Ads for marketing and optimization purposes, in particular to display relevant and interesting ads for you, to improve the reports on campaign performance and to achieve a fair calculation of advertising costs. The legal basis for the use of Google Ads is your consent in accordance with Art. 6 Para. 1 lit. a GDPR.

You can prevent the installation of these cookies by refusing your consent to the storage of these cookies when entering the website, deleting existing cookies or deactivating the storage of cookies in the settings of your web browser. We would like to point out that in this case you may not be able to use all functions of our website to their full extent. The storage of cookies can also be prevented by setting your web browser so that cookies from the domain "www.googleadservices.com" are blocked (https://www.google.de/settings/ads ). We would like to point out that this setting will be deleted if you delete your cookies. You can also deactivate interest-based ads using the link http://optout.aboutads.info . We would like to point out that this setting will also be deleted if you delete your cookies.

Third party information: Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland

Further information on the use of data by Google, setting and objection options and data protection can be found on the following Google websites:

Data protection declaration: https://policies.google.com/privacy

Google website statistics: https://services.google.com/sitestats/de.html

Google

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

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

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

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

Gstatic

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

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

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

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

Google Fonts

Google Fonts (https://fonts.google.com/ ) are used to visually improve the presentation of various information on this website. The web fonts are transferred to the cache of the browser when the page is called up so that they can be used for display.

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

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

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

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

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

Google Maps

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

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

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

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

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

Google reCAPTCHA

We use "Google reCAPTCHA" (hereinafter "reCAPTCHA") on our website. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google").

reCAPTCHA is used to check whether the data entered on our website (such as on a contact form) have been entered by a human or by an automated program. To do this, reCAPTCHA analyses the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, how long the visitor has been on the website, or mouse movements made by the user). The data collected during the analysis will be forwarded to Google.

reCAPTCHA analyses take place entirely in the background. Visitors are not advised that such an analysis is taking place.

Data processing is carried out under Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its site from abusive automated crawling and SPAM.

Further information about Google reCAPTCHA and Google's privacy policy can be found at:

https://policies.google.com/privacy

https://www.google.com/recaptcha/intro/android.html

YouTube

On our website, we use plug-ins from the video platform YouTube.de or YouTube.com, a service that - represented by Google - is operated by YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA (hereinafter “YouTube"). Using the plug-ins, we can also integrate audio-visual content (“videos”) that we have published on Youtube.de and possibly YouTube.com on this website. The videos are all integrated in the "extended data protection mode", i.e. that no data about you as a user will be transmitted to YouTube if you do not play the videos. Conversely, this means that data is only transferred when you play the videos. We have no influence on this data transmission.

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

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

Further information on the purpose and scope of processing by YouTube can be found in the data protection declaration at https://www.google.de/intl/de/policies/privacy

Facebook Pixel

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

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

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

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

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

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

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

We process your data because you have given your consent to this (Art. 6 Para. 1 lit. a GDPR).

We store your data as long as we need it for the respective purpose (displaying interest-based advertising), or you have withdrawn your consent.

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

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

Facebook Connect

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

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

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

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

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

You can find more information at: https://www.facebook.com/about/privacy/your-info-on-other

Pinterest Conversion Tracking

This website uses the conversion tracking technology “Pinterest Tag” from Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland (hereinafter referred to as “Pinterest”).

If you have reached our website from a pin on Pinterest, we will set a cookie on your computer that interacts with a "tag" that has also been implemented in the form of a JavaScript code from Pinterest. Cookies are small text files that are stored on your device. These cookies lose their validity after 180 days and are not used for personal identification.

If the user is redirected to pages of this website by a pin on Pinterest and the cookie has not yet expired, the tag records certain user actions predefined by us and can understand them (e.g. completed transactions, leads, search queries on the website, calls to product pages). When performing such an action, your browser sends an HTTP request from the cookie to the Pinterest server via the Pinterest tag, with which certain information about the action (including type of action, time, browser type of the end device) is transmitted.

This transmission enables Pinterest to compile statistics on usage behavior on our website after being forwarded from a Pinterest pin, which we use to optimize our offer.

If personal user data is processed, this is done on the basis of your consent in accordance with Art. 6 Para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future.

If you do not want to participate in tracking, you can also object to this by deactivating the Pinterest tag conversion tracking cookie in your internet browser under user settings. You will then not be included in the conversion tracking statistics.

You can find more information about the privacy policy of Pinterest at the following Internet address: https://policy.pinterest.com/de/privacy-policy

Microsoft Advertising (formerly Bing Ads)

Our website uses the conversion tracking of Microsoft (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). Microsoft Advertising sets a cookie on your computer if you have accessed our website via a Microsoft Advertising ad. In this way, Microsoft Advertising and we can recognize that someone has clicked on an ad, been redirected to our website and reached a previously determined target page (conversion page). We only learn the total number of users who, for example, clicked on a Bing ad and were then redirected to the conversion page. No personal information about the user's identity is disclosed. If you do not wish to participate in the tracking process, you can also refuse the setting of a cookie required for this - for example, by means of a browser setting that generally deactivates the automatic setting of cookies.

The legal basis for the use of Microsoft Advertising is your consent pursuant to Art. 6 Para. 1 lit. a GDPR.

For more information on data protection and the cookies used by Microsoft Advertising, please visit the Microsoft website: https://privacy.microsoft.com/de-de/privacystatement

Microsoft Clarity

We use "Microsoft Clarity", an online marketing and web analysis service of the provider Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. Microsoft Clarity refers to a procedure from Microsoft in which user analysis is possible on the basis of a pseudonymous user ID and thus on the basis of pseudonymous data, such as the evaluation of data on mouse movements or performance data on certain Internet presentations.

In particular, we process usage data (for example, internet presentations visited, interest in content, access times), meta or communication data (for example, device information, IP addresses), location data (information on the geographical position of a device or a person), movement data (mouse movements, scrolling movements) in pseudonymised form. We have made the corresponding settings in such a way that the data collection to and by Microsoft alone is pseudonymised, in particular in the form of IP masking (pseudonymisation of the IP address).

The purpose of the processing is tracking (for example, interest-based or behavioural profiling, use of cookies), remarketing, conversion measurement (measurement of the effectiveness of marketing measures), interest-based and behavioural marketing, profiling (creation of user profiles), reach measurement (for example, access statistics, recognition of returning users), cross-device tracking (cross-device processing of user data for marketing purposes).

All users of our website who have consented to the corresponding use via our cookie consent banner are affected by this data processing. The data processing is thus carried out solely on the basis of your consent in accordance with Art. 6 Para. 1 lit. a GDPR.

Please note that we have concluded a Data Processing Addendum (“DPA”) with Microsoft to enable this activity pursuant to Art. 28 Para. 3 GDPR, including the necessary EU Standard Contract Clauses pursuant to Art. 46 Para. 2 lit. c GDPR.

For further information, please refer to Microsoft's privacy policy at https://privacy.microsoft.com/privacystatement

You can find information on your option to object (opt-out) at https://choice.microsoft.com/opt-out

VDX.tv

On this website, we use the "VDX.tv" service provided by Exponential Interactive, Inc, Mozaik 41 rue de la Chaussée d'Antin, 75009 Paris, France (hereinafter referred to as "VDX.tv").

VDX.tv is a global advertising technology company that is changing the way brands engage with relevant consumers through video. This is done for the purposes of so-called reach measurement and individual advertising.

Reach measurement is visit action evaluation by analysing user behaviour in terms of identifying specific user actions and measuring the effectiveness of online advertising.

Individualised advertising: Certain features of websites and apps are used to display personalised advertising (ads or commercials) to users in other contexts, for example on other websites, platforms or apps.

Through VDX.tv, we may measure the visibility of ads and collect information about the website visitor (timestamp, clicks on ads, IP address, location, visitor behaviour, user agents used such as web browser, language used, web pages visited, time zone). The collected data is also matched and combined with offline data.

The VDX.tv service is used exclusively on the basis of your consent and therefore in accordance with Art. 6 Para. 1 lit. a GDPR.

For further information on the data protection of VDX.tv, please refer to the data protection declaration of Exponential Interactive, Inc. at https://vdx.tv/privacy/

DialogShift chat application (chatbot)

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

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

The data is processed in Germany and the USA. Although the USA is a third country that does not offer an adequate level of data protection, suitable guarantees are applied here in the form of EU standard data protection clauses in accordance with Art. 46 Para. 2 lit. c GDPR, which was issued by the European Commission in accordance with an examination procedure pursuant to Art. 93 GDPR. These standard data protection clauses can be found, for example, at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010D0087-20161217 (as of 31.03.2021).

The legal basis for this processing is solely based on your consent and therefore based on Art. 6 Para. 1 lit. a GDPR and § 25 Para. 1 TTDSG. You have the right at any time to object to the storage of data for the purpose of storing a pseudonymized usage profile with effect for the future. To do so, please send an e-mail to the e-mail address given under "Name and address of the controller".

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

Yumpu

We use the service www.yumpu.com of the company i-magazine AG, Gewerbestrasse 3, 9444 Diepoldsau, Switzerland (hereinafter referred to as "Yumpu") on our website.

Yumpu provides a digital platform for publishing magazines, brochures or catalogues. Using Yumpu, the content of PDF files is presented as a so-called flip catalogue/flipbook and displayed directly in the web browser without loading the PDF files.

Yumpu is used in the interest of an attractive and convenient presentation of our online offers for the user. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR.

Further information on the handling of user data can be found in Yumpu's privacy policy at https://www.yumpu.com/en/info/privacy_policy

Information on Yumpu's cookie policy can be found at https://www.yumpu.com/en/info/cookie_policy

CloudFlare

We use the “Cloudflare” service provided by Cloudflare Inc., 101 Townsend St., San Francisco, CA 94107, USA. (hereinafter referred to as “Cloudflare”).
Cloudflare offers a content delivery network with DNS that is available worldwide. As a result, the information transfer that occurs between your browser and our website is technically routed via Cloudflare’s network. This enables Cloudflare to analyze data transactions between your browser and our website and to work as a filter between our servers and potentially malicious data traffic from the Internet.
In this context, Cloudflare may also use cookies or other technologies deployed to recognize Internet users, which shall, however, only be used for the herein described purpose.
The use of Cloudflare is based on our legitimate interest in a provision of our website offerings that is as error free and secure as possible (Art. 6 Para. 1 lit. f GDPR).
We have concluded a Data Processing Agreement (“DPA”) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.
Data transmission to the US is based on the Standard Contractual Clauses (“SCCs”) of the European Commission. Details can be found here: https://www.cloudflare.com/privacypolicy/ 
For more information on Cloudflare’s security precautions and data privacy policies, please follow this link: https://www.cloudflare.com/privacypolicy/ 

jsdeliver.net / jsdeliver.com/ cdn.jsdelivr.net

Java-Script code (jsdeliver.net / jsdeliver.com / cdn.jsdelivr.net) from Prospectone Sp.z o.o., ul.Krolweska 65A, 30-081, Krakow, Poland is downloaded onto our website.

The JavaScript code gstatic.com is part of Google for evaluating website statistics. If you have activated JavaScript in your browser and have not installed a JavaScript blocker, your browser may transmit personal data to jsdeliver.net / jsdeliver.com.

The use of cdn.jsdelivr.net is in the interest of a technically flawless presentation of our online offer. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR.

In order to prevent the execution of JavaScript code from jsdeliver.net / jsdeliver.com / cdn.jsdelivr.net / gstatic.com altogether, you can install a JavaScript blocker (e.g. www.noscript.net).

Further information can be found in the provider's privacy statement at: https://www.jsdelivr.com/about

iiQcheck

This website integrates a widget from iiQcheck for the display of reviews. The provider is ConsultiiQ GmbH, Spitalstraße 1, 38640 Goslar.

To use the functions of the iiQcheck widget, it is necessary to store your IP address. This information is usually transmitted to a server of iiQcheck and stored there. The provider of this website has no influence on this data transmission.

The iiQcheck widget is used in the interest of presenting the reviews of our hotel submitted on iiQcheck. This constitutes a legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR.

You can find more information on the handling of user data at iiQcheck in the privacy policy at https://www.iiq-check.de/datenschutz (in German)

Our social media presences

Data processing through social networks

We maintain publicly accessible profiles on social networks. The social networks used by us in detail can be found below.

Social networks such as Facebook, Twitter, etc. can generally analyze your user behavior extensively when you visit their website or a website with integrated social media content (e.g. like buttons or advertising banners). By visiting our social media presences, numerous data protection-relevant processing operations are triggered. In detail:

If you are logged into your social media account and visit our social media presence, the operator of the social media portal can assign this visit to your user account. However, your personal data may also be collected under certain circumstances if you are not logged in or do not have an account with the respective social media portal. In this case, this data collection takes place, for example, via cookies that are stored on your end device or by recording your IP address.

With the help of the data collected in this way, the operators of the social media portals can create user profiles in which your preferences and interests are stored. In this way, you can be shown interest-based advertising inside and outside the respective social media presence. Provided you have an account with the respective social network, the interest-based advertising may be displayed on all devices on which you are or were logged in.

Please also note that we cannot track all processing on the social media portals. Depending on the provider, further processing operations may therefore be carried out by the operators of the social media portals. For details, please refer to the terms of use and data protection provisions of the respective social media portals.

Legal basis

Our social media presences are intended to ensure the most comprehensive presence possible on the Internet. This is a legitimate interest within the meaning of Art. 6 Para 1 lit. f GDPR. The analysis processes initiated by the social networks may be based on different legal bases, which are to be specified by the operators of the social networks (e.g. consent within the meaning of Art. 6 Para. 1 lit. a GDPR).

Responsible party and assertion of rights

If you visit one of our social media sites (e.g. Facebook), we are jointly responsible with the operator of the social media platform for the data processing operations triggered during this visit. In principle, you can assert your rights (information, correction, deletion, restriction of processing, data portability and complaint) both vis-à-vis us and vis-à-vis the operator of the respective social media portal (e.g. vis-à-vis Facebook).

Please note that despite the joint responsibility with the social media portal operators, we do not have full influence on the data processing operations of the social media portals. Our options are largely determined by the corporate policy of the respective provider. 

Storage period

The data collected directly by us via the social media presence will be deleted from our systems as soon as the purpose for storing it no longer applies, you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies. Stored cookies remain on your terminal device until you delete them. Mandatory legal provisions - in particular retention periods - remain unaffected.

We have no influence on the storage period of your data, which is stored by the operators of social networks for their own purposes. For details, please contact the operators of the social networks directly (e.g. in their privacy policy, see below).

Facebook

We have a profile on Facebook. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland (hereinafter referred to as "Facebook"). According to Facebook, the collected data is also transferred to the USA and other third countries.

We have concluded a joint processing agreement (Controller Addendum) with Facebook.

This agreement specifies which data processing operations we or Facebook are responsible for when you visit our Facebook page. You can view this agreement at the following link: https://www.facebook.com/legal/terms/page_controller_addendum

You can adjust your advertising settings independently in your user account. To do so, click on the following link and log in: https://www.facebook.com/settings?tab=ads 

For details, please refer to Facebook's privacy policy: https://www.facebook.com/about/privacy/

Instagram

We have a profile on Instagram. The provider is Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. For details on how they handle your personal data, please refer to Instagram's privacy policy: https://help.instagram.com/519522125107875

YouTube

We have a profile on YouTube. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. For details on their handling of your personal data, please refer to YouTube's privacy policy: https://policies.google.com/privacy?hl=en

LinkedIn

We have a profile on LinkedIn. The provider is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. LinkedIn uses advertising cookies. If you wish to disable LinkedIn advertising cookies, please use the following link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

Twitter

We have a profile on Twitter. The provider is Twitter Inc, 1355 Market St, Suite 900, San Francisco, CA 94103, USA. For details on how they handle your personal data, please refer to Twitter's privacy policy: https://twitter.com/en/privacy

Pinterest

We have a profile on Pinterest. The operator is Pinterest Europe Ltd, Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland. For details on their handling of your personal data, please refer to Pinterest's privacy policy: https://policy.pinterest.com/en/privacy-policy

Privacy in recruitment and in the application process

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

rexx systems

We use a service of the provider rexx systems GmbH, Süderstraße 75-79, 20097 Hamburg on this website to support the application process.

The service provider acts for us as a so-called order Processor within the meaning of Art. 4 Para. 8 GDPR and may also obtain knowledge of your personal data in connection with the application process. Therefore, we have concluded a Data Processing Agreement (“DPA”) in accordance with Art. 28 Para. 3 S. 1 GDPR, which ensures that the processing of your personal data is only carried out in a lawful manner. The data transfer is encrypted.

Personal data will only be passed on to persons responsible for the selection decision within the application procedure.

The legal basis for the use of this service is based on our legitimate interest in a simple and process-optimised handling of the applicant procedure and thus on Art. 6 Para. 1 lit. f GDPR. The legal basis for the processing of applicant data results from the fulfilment of pre-contractual and contractual measures and is thus based on Art. 6 Para. 1 lit. b GDPR in conjunction with Art. 88 GDPR in conjunction with § 26 BDSG.

When we conclude an employment contract with an applicant, the transmitted data will be stored within the scope of the employment relationship in compliance with the statutory provisions. In case no employment contract is concluded with the applicant, the application documents are automatically deleted after notification of the rejection decision, at the latest after 6 months, insofar as no other justified interests oppose deletion, e.g. duty of proof in accordance with the General Equal Treatment Act (AGG).

Further information on data protection at rexx systems GmbH can be found in their data protection statement at https://www.rexx-systems.com/data-protection/.

Matterport

On this website we use the 3D data platform Matterport of the American service provider Matterport, Inc., 352 E. Java Drive, Sunnyvale, CA 94089, USA (hereinafter referred to as ‘Matterport’).

Matterport is used in the interest of an appealing presentation of our online offering in order to offer website visitors virtual 3D tours.

When you visit our website and view a virtual 3D tour, a connection to Matterport's servers is established. The following data is transmitted: IP address, browser version, displaying device, origin and destination URL and the ID of the respective 3D tour.

The data collected is stored and processed in the USA, i.e. a third country for which there is no adequacy decision by the European Commission.

However, Matterport bases the data transfer to the USA on the EU-U.S. Data Privacy Framework of the European Commission.

If you are logged into your Matterport account, you enable Matterport to assign your surfing behaviour directly to your personal profile. You can prevent this by logging out of your Matterport account.

The data is only used to give you access to the data hosted by Matterport. It will then be deleted.

The legal basis for the integration of the data transfer to Matterport is your consent in accordance with Art. 6 Para. 1 lit. a GDPR and § 25 Para. 1 TTDSG.

Further information on data protection at Matterport can be found in their privacy policy at https://matterport.com/de/node/44

Conference booking system Eventmachine

We use the "Eventmachine" service of ZELFMADE GmbH, Paul-Nevermann-Platz 5, 22765 Hamburg, for online conference reservations.

If you would like to book a conference with us, it is necessary for the conclusion of the contract that you provide your personal data, which we need to process your booking. The data is entered in an input mask and transmitted to us and stored.

The types of data to be collected during the booking or your conference can be found in the respective input fields. In addition to details about the conference itself (for example, start date, duration and time periods of the conference, number of guests, conference rooms, seating, conference technology, catering, etc.), personal data is also collected (for example, your title, first name and surname, your company, your address or company address, your telephone number, your e-mail address, your comments, etc.). We use the collected data primarily to process your conference reservation, to provide the booked services, to communicate with you and for billing purposes.

The legal basis for data processing is Art. 6 Para. 1 lit. b GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.

We have concluded a Data Processing Agreement (“DPA”) with ZELFMADE GmbH pursuant to Art. 28 Para. 3 GDPR. In this contract, we oblige this service provider to protect our customers' data and not to pass it on to third parties.

The data will be deleted as soon as they are no longer required for the purpose for which they were collected. We are obliged by commercial and tax law to store your address, payment and order data for a period of ten years after execution of the contract. However, after 6 years, we will restrict processing, i.e. your data will only be used to comply with legal obligations. If there is a continuing obligation between us and the user, we store the data for the entire duration of the contract and for 10 years thereafter (see above). With regard to the voluntarily provided data, we will delete the data at the end of 6 years after execution of the contract, provided that no further contract is concluded with the user during this time; in this case, the data will be deleted at the end of 6 years after execution of the last contract.

If the data is required for the fulfilment of a contract or for the implementation of precontractual measures, an early deletion of the data is only possible if no contractual or legal obligations prevent a deletion. Otherwise, you are free to have the personal data provided during registration completely deleted from the data stock of the person responsible. Regarding the voluntary data, you can declare your revocation to the processor at any time. In this case the voluntary data will be deleted immediately.

Information on data protection at ZELFMADE GmbH can be found here: https://www.eventmachine.xyz/en/privacy

 

Weissenhäuser Strand GmbH & Co. KG - Whistleblower system - Legal background to the Whistleblower Protection Act

Legislative objective and current status

The Whistleblower Protection Act (HinSchG) is the German implementation of the so-called EU-Whistleblower Directive (Directive (EU) 2019/1937) of the European Parliament and of the Council of the European Union of 23 October 2019 on the protection of persons who report breaches of Union law).

The aim of the HinSchG is to protect persons who, during their professional activities, have information about infringements in the course of their professional activities and report them. The HinSchG prohibits any reprisals against whistleblowers and obliges companies to establish secure channels for whistleblowing.

Who can be a whistleblower?

The range of persons protected under the HinSchG is broad and includes all natural persons who, in connection with their professional activities have obtained information about violations and report them (whistleblowing persons), in particular:

  • Employees, including employees who have already left, job applicants, trainees, temporary workers
  • Self-employed persons providing services, freelancers, contractors, subcontractors, suppliers and their employees
  • Shareholders and persons in management bodies

Which violations can be reported by whistleblowers?

Not every report of a violation of legal provisions is covered by the HinSchG. The scope of protection regulated under § 2 HinSchG is, however, very broad. Whistleblowers persons enjoy the protection of the HinSchG if they report violations of the following regulations report:

  • Violations of criminal provisions: This includes any penal provision under German law.
  • Violations punishable by a fine (i.e. administrative offences) if the violated is for the protection of life, limb or health or for the protection of the rights of employees or their representative bodies. This includes, for example, regulations in the areas of occupational health and safety, violations of the Minimum Wage Act (Mindestlohngesetz) or regulations on fines, which violations of the duty to provide information and clarification to organs of and information obligations towards works constitution bodies such as works councils.
  • In addition, all infringements of federal and state legislation are included, legislation taken to implement certain European regulations, as well as infringements of directly applicable EU legal acts in a large number of different areas, such as: Regulations to combat money laundering and financing of terrorism, regulations on product safety, regulations on road transport safety regulations, regulations on the transport of dangerous goods, regulations on the environmental and radiation protection, food and feed safety, quality and safety standards in and safety standards for medicinal products and medical devices, consumer protection regulations consumer protection, regulations on data protection and security in information technology regulations on public procurement law, regulations on accounting for corporations, regulations in the area of competition law, etc.
  • Most recently, the scope of application was expanded to include statements by civil servants that which constitute a breach of the duty to be loyal to the constitution (probably due to the events surrounding the "Reichsbürger Raid").

Which companies have to set up internal reporting channels and when?

Companies with at least 250 employees as a rule must comply with the requirements of the HinSchG by 2 July 2023 at the latest. But: The provision on fines, which imposes a fine of up to 20,000 euros if an internal reporting channel is not set up or operated (see below "What are the penalties for violations of the HinSchG?"), will not come into force until 1 December 2023. Until then, therefore no fine will be imposed for failure to set up or operate an internal reporting channel.

The same applies to companies in certain sectors (e.g. financial services or insurance companies, listed in § 12 (3) HinSchG) irrespective of the number of employees. These companies are therefore obliged to set up an internal reporting are obliged to set up an internal reporting channel.

For companies with between 50 and 249 employees, the HinSchG provides for an extended deadline until 17 December 2023. These companies are also 14 Para. 2 of the HinSchG, these companies are also allowed to share resources and to set up and to operate a "joint reporting office" with other companies.

Small enterprises with generally up to 49 employees are exempt from the obligation to set up an internal reporting channel. The protective provisions of the HinSchG (in particular the protection against reprisals under § 36 HinSchG) should also apply in these small companies if, for example, an employee reports a violation of the law.

What should be considered when setting up and operating internal reporting channels?

The following 10 points must be considered:

1. The internal reporting channels must, in accordance with § 16 (3) HinSchG, allow reports to be made in orally or in text form and, if desired, in person:

  • Reporting channels that enable reports in text form can be: IT-based whistleblowing system such as a platform on the Internet or Intranet or an e-mail address specifically set up for the receipt and processing of reports under the HinSchG
  • Reporting channels that allow reports to be made exclusively in writing (e.g. a complaints letterbox or reports sent by post) should not be sufficient, because the wording of the law speaks of reports "in text form".
  • Oral reporting channels can be: Whistleblower hotline, answering machine system
  • At the whistleblower's request, it should also be possible through these channels to within a reasonable period of time, to discuss the information in a face-to-face within a reasonable period of time, which can also take place in the form of a video conference with the consent of the whistleblower.

Companies can also make several channels available for submitting reports.

Companies do not have to operate the internal reporting office themselves, but can also commission third parties as internal reporting offices according to § 14 Para. 1 HinSchG. The receipt and processing of reports can thus be outsourced to external providers of reporting platforms or to ombudspersons (such as lawyers), provided that they offer appropriate guarantees for the preservation of independence and confidentiality, data protection and secrecy.

2. The confidentiality of the whistleblower and third parties must be protected in all reporting channels:

The so-called confidentiality requirement according to § 8 HinSchG is of central importance: The internal reporting channels must be designed in such a way that the identity of the whistleblower, the persons who are the subject of a report and the other persons mentioned in the report are protected. The identity of these persons must be known only to the persons responsible for receiving the report and taking follow-up action, so that other persons must be prevented from accessing the internal reporting channel. Only with the express consent of the persons concerned may their identity be disclosed to other persons.

In case of doubt, all persons who have access to the internal reporting channel or otherwise gain knowledge of the reports should be bound to confidentiality by appropriate declarations (confidentiality undertakings).

Confidentiality does not mean anonymity: there is no obligation to set up anonymous reporting channels.

Information about the identity of a whistleblower or other person mentioned in the report may only be released in exceptional cases according to § 9 HinSchG, for example in criminal proceedings at the request of the prosecuting authority.

3. Designate responsibility within the company with a very limited access rights allocation:

Within the company, "hotline officers" must be designated (a person(s) or a department) to receive the reports, confirm receipt of the report to the whistleblower within the 7-day period, review the report, initiate appropriate follow-up action and inform the whistleblower of any follow-up action taken within 3 months.

There are no specific requirements. The relevant organisational structure, size and type of business activity is decisive.

These persons can be in particular: compliance manager, legal counsel, data protection officer, finance director, audit manager.

These persons may perform other tasks and duties in addition to their work for the FIU. However, it is important to ensure that such tasks and duties do not lead to conflicts of interest and that these persons can act independently (§ 15 Para. 1 HinSchG). In principle, managing directors or personnel officers cannot be hotline officers due to existing conflicts of interest.

Furthermore, according to § 15 Para. 2 HinSchG, the hotline officers must have the necessary expertise to be able to fulfil the tasks associated with the operation of the internal hotline. As a rule, it will be necessary to train the persons concerned with regard to the responsibility associated with assuming the function.

Alternative: External service providers can also be commissioned as internal hotlines (see above under 1.).

4. Processing deadlines according to § 17 HinSchG must be observed:

  • Within 7 days, the whistleblower must receive confirmation that his or her report has been received.
  • Within 3 months at the latest after the confirmation of receipt of the report, the whistleblower must be informed about planned or already taken follow-up measures as well as the reasons for these.

5. Proper follow-up measures must be taken by the person or department responsible in the company; these may be, for example, in accordance with § 18 HinSchG:

  • Initiation of internal investigations
  • Possible measures to remedy the problem
  • Referral to other channels or procedures for reports
  • Closure of the procedure due to lack of evidence or other reasons
  • Referral to a competent authority

6. Documentation of reports and data retention:

All incoming reports must be documented in accordance with the confidentiality obligations under § 11 HinSchG.

How the reports must be documented depends on the channel through which the report was received.

The chosen reporting system should have appropriate applications to ensure that reports and follow-up actions are documented in such a way that they can be used as evidence if necessary.

The documentations must be deleted 3 years after the conclusion of the procedure. Exceptionally, documentation may be kept for longer than 3 years to meet requirements under the HinSchG or other legislation, as long as this is necessary and proportionate.

7. Obligation to provide information on reporting procedures:

Pursuant to § 13 (2) HinSchG, companies must provide information on alternative external reporting procedures to the respective competent authorities as well as on relevant reporting procedures of institutions, bodies or other entities of the European Union (see below "What are the whistleblower's reporting options?").

This information must be easily understandable and accessible, for example via the company website, on the intranet or on a notice board.

8. Privacy:

Personal data is processed in the whistleblower system. Data protection must be taken into account when setting up and implementing the internal reporting procedure. All personal data, both that of the whistleblower and of any accused persons, must be processed in accordance with the EU General Data Protection Regulation and the Federal Data Protection Act.

  • Retention/deletion periods must be established.
  • The creation of a privacy statement for whistleblowers will be required.
  • If external providers are commissioned as internal whistleblowers, the conclusion of a contract processing agreement pursuant to Art. 28 (3) GDPR will be required.
  • The process via the internal reporting channel must be included in the register of processing activities pursuant to Art. 30 GDPR.
  • As a rule, the performance of a data protection impact assessment pursuant to Art. 35 GDPR will be required.
  • Secure data processing also requires appropriate technical and organisational measures.
  • The external data protection officer should therefore be involved at an early stage.
  • The data protection supervisory authorities are also available to clarify questions of doubt.

9. When setting up the procedure for internal reports, co-determination rights of the works council must be observed:

First, works councils have a right to be informed before the planned establishment of a whistleblower protection system according to § 80 (2) of the Works Constitution Act (BetrVG).

The works council has no right of co-determination on the question of "whether" a whistleblower system should be set up at all. There is also no mandatory co-determination on the question of which body (internal or external) will be entrusted with the operation of the whistleblower system.

Co-determination rights of the works council could be triggered on the question of "how", i.e. with regard to the design of reporting channels and reporting procedures. In particular, the right of co-determination under § 87 (1) S. 6 BetrVG, namely in the case of the establishment and application of technical equipment, comes into consideration, provided that the identification of the whistleblower is possible.

If the employer introduces a procedure for reporting and dealing with violations that goes beyond the legal requirements (e.g. a code of conduct, compliance guidelines, etc.), a right of co-determination under § 87, Para. 1, S. 1 of the Works Council Constitution Act (BetrVG) will usually also be affirmed, because questions of the order of the company and the conduct of the employees in the company are affected.

The works council also has participation rights under § 96 et seq. Works Council Constitution Act (BetrVG) with regard to training measures for the case handlers responsible in the company and/or for the employees.

It is advisable to involve the works council at an early stage in a discussion.

10. In the case of (international) group structures:

In a group of companies, various options are conceivable. On the one hand, a local organisation in which each group company maintains its own whistleblower protection system. A regional organisation in the form of individual group companies operating a whistleblower system for a certain region is also conceivable. A centralised solution is also possible in the form that the reporting office is centrally located in one unit (usually at the parent company).

Legal background: The HinSchG also allows a "third party" to be entrusted with the task of an internal reporting office. According to the reasoning of the HinSchG, an independent and confidential office can also be established as a "third party" at another group company (e.g. parent company, sister company or subsidiary), which can also work for several independent companies in the group. However, it is necessary that the original responsibility for remedying and following up on an identified violation always remains with the respective commissioning company. The HinSchG does not differentiate between group companies with more or less than 249 employees, but the option of setting up a central reporting office in the group is probably possible for all group companies without distinction.

What options do whistleblowers have for reporting?

A distinction is made between internal and external reporting offices.

Internal reporting offices (§§ 12 to 18 HinSchG) must be set up in companies.

The external reporting offices must be set up by the public sector (§§ 19 to 31 HinSchG). A central external reporting office has been established at the Federal Office of Justice (BfJ). In addition, the existing reporting systems at the Federal Financial Supervisory Authority (BaFin) as well as at the Federal Cartel Office are continued as a further external reporting office with special responsibilities.

Further information on the external reporting procedures of the Federation can be obtained from the Federal Office of Justice (https://www.bundesjustizamt.de/DE/Home/Home_node.html ) (in German).

The Länder are free to set up their own external reporting offices for reports concerning the respective Land administration and the respective local authorities.

In addition, there are corresponding reporting procedures for reports to institutions, bodies and other agencies of the European Union. These include external reporting channels of the Commission, the European Anti-Fraud Office (OLAF), the European Maritime Safety Agency (EMSA), the European Aviation Safety Agency (AESA), the European Securities and Markets Authority (ESMA) and the European Medicines Agency (EMA).

In principle, the whistleblower is free to choose whether to contact an internal reporting office of the company or an external reporting office of the authorities. § However, § 7 (1) S. 2 HinSchG regulates an incentive to preferentially use the internal reporting channels within the company: Whistleblowers should give preference to reporting to an internal reporting office in cases where effective internal action can be taken against the violation and they do not fear reprisals.

In addition, whistleblowers may also contact the public with their information about violations (e.g. via the press, social media or other media), but only under the narrow conditions of § 32 HinSchG. The whistleblower is only protected by the HinSchG in the case of reporting a violation to the public if he or she has previously contacted an external reporting office without success or if there is a threat of danger to the general public.

How are whistleblowers protected?

The HinSchG aims to encourage whistleblowers to draw attention to abuses in companies and public authorities. Therefore, whistleblowers enjoy extensive protection against reprisals, they benefit from a reversal of the burden of proof, they can assert claims for damages if necessary and enjoy liability privileges:

The central element is the prohibition of reprisals enshrined in § 36 (1) HinSchG: companies must note that all reprisals, including threats and attempts of reprisals, are prohibited. Prohibited are in particular: Suspension, dismissal, demotion or denial of promotion, coercion, intimidation, mobbing or suspension, but also non-renewal of fixed-term employment contracts, damage to reputation, withdrawal of a licence or permit, negative performance appraisal etc.

In order to improve the enforceability of claims against reprisals against the wrongdoer, the HinSchG contains a reversal of the burden of proof in favour of the protected person in § 36 (2). Previously, the whistleblower had to prove the connection between the report and the disadvantage in the event of a dispute. In future, the company will have to explain and, if necessary, prove the (different) reason for an alleged disadvantage if the disadvantage occurs after the report. In the future, the employer will therefore have to explain and prove that there is no connection whatsoever between, for example, the dismissal of an employee and a previous report by the employee. However, the reversal of the burden of proof applies with the small restriction that the person making the report must take action and claim that he or she suffered the disadvantage as a result of the report.

In the event of a violation of the prohibition of reprisals, the whistleblower has a claim for damages under § 37 (1) HinSchG. However, the whistleblower cannot claim non-material damages (i.e. compensation for pain and suffering).

In order to enjoy this protection, the information must be accurate and the report must concern violations that fall within the scope of application of § 2 HinSchG (see above under "Which violations can be reported by whistleblowers?"). However, according to § 33 (1)(2) HinSchG, it is also sufficient if the whistleblower had sufficient reason to believe this at the time of the report or disclosure. In addition, the acquisition of the information must not in itself or the access to the information must not in itself constitute an independent criminal offence. If these conditions are met, the whistleblower cannot be held liable under § 35 HinSchG.

However, there is no protection for whistleblowers if the information is a deliberate or grossly negligent false report. In such cases, the whistleblower acting in bad faith is even obliged to compensate for the resulting damage under § 38 HinSchG.

What sanctions are imposed for violations of the HinSchG?

Violations of the essential requirements of the HinSchG are punishable as administrative offences with a fine according to § 40 HinSchG. The amount of the fine depends on the respective violation:

  • A fine of up to 50,000 euros can be imposed on anyone who prevents (or attempts to prevent) a report or subsequent communication, anyone who takes (or attempts to take) a prohibited reprisal, or anyone who wilfully or recklessly disregards the confidentiality requirement.
  • The fine range of up to 50,000 euros applies to company officers. For the enterprises themselves (legal persons and associations of persons), in certain constellations in connection with the prevention of a report or in the event of a breach of the confidentiality requirement, the fine range can be increased tenfold due to the reference to § 30, Para. 2, S. 3 of the Administrative Offences Act and thus amount to up to 500,000 euros.
  • If the confidentiality requirement is negligently disregarded, a fine of up to 10,000 euros may be imposed.
  • Companies that do not comply with their obligation to establish and operate an internal reporting channel face a fine of up to 20,000 euros.
  • Note: This fine provision, according to which a fine of up to 20,000 euros may be imposed in case of non-establishment or non-operation of an internal reporting channel, will only apply from 1 December 2023. So until then, no fine will be imposed for non-establishment or non-operation.

The remaining fines mentioned above, on the other hand, have already been threatened since 2 July 2023.

Companies without a whistleblower system also risk that information will reach the authorities or the public, which increases reputational risks and liability risks for the company. For this reason, it is probably in the company's own interest to become aware of wrongdoing before investigating authorities or the media find out about it.

(Sources: Chamber of Industry and Commerce, Federal Office of Justice, SHIELD GmbH)

Here you can get to the: Whistleblower system

 

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

Weissenhäuser Strand GmbH & Co. KG
Seestraße 1
23758 Weissenhäuser Strand
Phone: +49 (0) 4361 / 55-0
Fax: +49 (0) 4361 / 55-2750
Website: www.weissenhaeuserstrand.de
Email: info@weissenhaeuserstrand.de

Managing Directors: David Depenau, Hagen Dreischhoff

Name and address of the data protection officer

SHIELD GmbH
Martin Vogel
Ohlrattweg 5
25497 Prisdorf
Phone: +49 (0) 4101 / 80 50 600
Email: info@shield-datenschutz.de

Weissenhäuser Strand, July 2022

Amendments in Data Protection Statement

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

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