Data protection

Privacy Policy

Privacy Policy in accordance with the GDPR

I. Name and address of the controller

The data controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States, as well as other data protection provisions, is:

Birkenhof Hotelbetriebsgesellschaft mbH
Von-Eiff-Straße 37 & 41
63456 Hanau-Steinheim
Germany
Tel.: (+49) 06181 6488 0
Email:
Website: www.HotelBirkenhof.de & www.RestaurantBirkenhof.de

II. Name and address of the Data Protection Officer

The data protection officer of the controller is:

Britta Fichtner
Von-Eiff-Straße 37 & 41
63456 Hanau-Steinheim
Germany
Tel.: (+49) 06181 6488 0
Email:

III. General information on data processing

1. Scope of personal data processing

We generally process our users’ personal data only to the extent necessary to provide a functional website and our content and services. The processing of our users’ personal data generally takes place only with the user’s consent. An exception applies in cases where obtaining prior consent is not possible for practical reasons and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Where we obtain the data subject’s consent for the processing of personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

Where the processing of personal data is necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) of the GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.

Where the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) of the GDPR serves as the legal basis.

Where the vital interests of the data subject or of another natural person require the processing of personal data, Article 6(1)(d) of the GDPR serves as the legal basis.

Where processing is necessary to safeguard a legitimate interest of our company or a third party, and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Article 6(1)(f) of the GDPR serves as the legal basis for the processing.

3. Data erasure and retention period

The data subject’s personal data shall be erased or restricted as soon as the purpose for which it was stored no longer applies. Storage may also take place if this is provided for by European or national legislation in EU regulations, laws or other provisions to which the controller is subject. Data shall also be blocked or erased when a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

IV. Provision of the website and creation of log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing device.

The following data is collected in this process:
(1) Information about the browser type and version used
(2) The user’s
operating system(3) The user’s internet service
provider (4) The user’s IP address
(5) Date and time of access
(6) Websites from which the user’s system accesses our website
(7) Websites accessed

by the user’s system via our website The data is also stored in our system’s log files. This data is not stored together with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of the data and log files is Article 6(1)(f) of the GDPR.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

Data is stored in log files to ensure the website functions properly. Furthermore, the data helps us to optimise the website and ensure the security of our IT systems. The data is not analysed for marketing purposes in this context.

These purposes also constitute our legitimate interest in data processing pursuant to Article 6(1)(f) of the GDPR.

4. Duration of storage

The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. In the case of data collected for the provision of the website, this is the case once the respective session has ended.

Where data is stored in log files, this occurs after seven days at the latest. Storage beyond this period is possible. In this case, users’ IP addresses are deleted or anonymised so that the client making the request can no longer be identified.

5. Right to object and right to erasure

The collection of data for the provision of the website and the storage of data in log files is strictly necessary for the operation of the website. Consequently, the user has no right to object.

V. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the web browser or by the web browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a distinctive string of characters that enables the browser to be uniquely identified when the website is visited again.

We use cookies to make our website more user-friendly. Some elements of our website require that the browser accessing the site can be identified even after a page change.

The following data is stored and transmitted in the cookies:
(1) language settings
(2) items in a shopping basket
(3) login information

We also use cookies on our website that enable us to analyse users’ browsing behaviour.

In this way, the following data may be transmitted:
(1) Search terms entered
(2) Frequency of page views
(3) Use of website functions

When visiting our website, the user is informed about the use of cookies for analytical purposes and their consent is obtained for the processing of personal data used in this context. In this context, reference is also made to this privacy policy.

2. Legal basis for data processing

The legal basis for the processing of personal data using cookies for analytical purposes is Article 6(1)(a) of the GDPR, provided the user has given their consent.

3. Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be provided without the use of cookies. For these, it is necessary for the browser to be recognised even after a page change.

We require cookies for the following applications:
(1) Shopping basket
(2) Saving language settings
(3) Saving search terms
(4) Saving privacy settings

The user data collected by technically necessary cookies is not used to create user profiles.

Analytical cookies are used to improve the quality of our website and its content. These cookies tell us how the website is used, enabling us to continuously optimise our offering.
(1) Search terms entered
(2) Frequency of page views
(3) Use of website functions
These purposes also constitute our legitimate interest in the processing of personal data pursuant to Article 6(1)(f) of the GDPR.

4. Duration of storage, right to object and option to delete

Cookies are stored on the user’s computer and transmitted from there to our site. As a user, you therefore have full control over the use of cookies. By changing the settings in your web browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may no longer be possible to use all the website’s functions to their full extent.

VI. Newsletter

1. Description and scope of data processing

On our website, you have the option to subscribe to a free newsletter. When you register for the newsletter, the data entered in the form is transmitted to us.

We collect your title, first name and surname (company name), email address and the subject area of the newsletter you wish to receive.

In addition, the following data is collected upon registration:
(1) IP address of the accessing computer
(2) Date and time of registration

Your consent is obtained for the processing of this data as part of the registration process, and reference is made to this privacy policy.

If you purchase goods or services on our website or in-store and provide your email address in the process, we may subsequently use this to send you a newsletter. In such cases, the newsletter will contain only direct marketing for our own similar goods or services.

No data will be passed on to third parties in connection with the data processing for the dispatch of newsletters. The data will be used exclusively for the dispatch of the newsletter.

2. Legal basis for data processing

The legal basis for processing data following the user’s subscription to the newsletter is Article 6(1)(a) of the GDPR, provided the user has given their consent.
The legal basis for sending the newsletter following the sale of goods or services is Section 7(3) of the Unfair Competition Act (UWG).

3. Purpose of data processing

The collection of the user’s email address serves to deliver the newsletter.
The collection of other personal data as part of the registration process serves to prevent misuse of the services or the email address used.

4. Duration of storage

The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected. The user’s email address will therefore be stored for as long as the newsletter subscription remains active.
Other personal data collected during the registration process is generally deleted after a period of seven days.

5. Right to object and right to erasure

The user concerned may cancel their subscription to the newsletter at any time. A link for this purpose is included in every newsletter.
This also allows the user to withdraw their consent to the storage of the personal data collected during the registration process.

VII. Registration

1. Description and scope of data processing

On our website, we offer users the option to register by providing personal data. The data is entered into a form, transmitted to us and stored. The data is not passed on to third parties. The following data is collected as part of the registration process:

your name and address details, and, in the case of a room booking, your booking details together with payment details.

The following data is also stored at the time of registration:

(1) The user’s IP address
(2) Date and time of registration

As part of the registration process, the user’s consent to the processing of this data is obtained.

2. Legal basis for data processing

Where the user has given their consent, the legal basis for the processing of the data is Article 6(1)(a) of the GDPR.
If the registration serves to fulfil a contract to which the user is a party or to take steps prior to entering into a contract, the additional legal basis for the processing of the data is Article 6(1)(b) of the GDPR.

3. Purpose of data processing

User registration is necessary for the performance of a contract with the user or for the implementation of pre-contractual measures.
Business-related documents are subject to a statutory retention period (6 or 10 years in accordance with the German Commercial Code and the German Fiscal Code).

4. Duration of storage

The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected. During the registration process,
this applies to the fulfilment of a contract or the implementation of pre-contractual measures when the data is no longer required for the performance of the contract. Even after the contract has been concluded, there may still be a need to store the contractual partner’s personal data in order to comply with contractual or legal obligations.

5. Right to object and right to erasure

As a user, you have the option to cancel your registration at any time. You may have the data stored about you amended at any time.
If the data is required for the performance of a contract or for the implementation of pre-contractual measures, early deletion of the data is only possible insofar as no contractual or legal obligations preclude such deletion.

VIII. Contact form and email contact

1. Description and scope of data processing

Our website features a contact form which can be used to contact us electronically. If a user makes use of this option, the data entered in the input form is transmitted to us and stored. This data comprises:

(1) Your name
(2) Your postal address
(3) Your email address

At the time the message is sent, the following data is also stored:

(1) The user’s IP address
(2) Date and time of registration

Your consent is obtained for the processing of the data as part of the submission process, and reference is made to this privacy policy.
Alternatively, you may contact us via the email address provided. In this case, the user’s personal data transmitted with the email will be stored.
In this context, the data will not be passed on to third parties. The data will be used exclusively for the purpose of processing the correspondence.

2. Legal basis for data processing

The legal basis for data processing, where the user has given their consent, is Article 6(1)(a) of the GDPR.
The legal basis for the processing of data transmitted in the course of sending an email is Article 6(1)(f) of the GDPR. If the email contact is aimed at concluding a contract, the additional legal basis for the processing is Article 6(1)(b) of the GDPR.

3. Purpose of data processing

We process the personal data from the input form solely for the purpose of handling the contact request. In the case of contact via email, this also constitutes the necessary legitimate interest in the processing of the data.
The other personal data processed during the submission process serves to prevent misuse of the contact form and to ensure the security of our IT systems.

4. Duration of storage

The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected. For personal data from the contact form input field and that sent by email, this is the case once the relevant conversation with the user has ended. The conversation is deemed to have ended when it is clear from the circumstances that the matter in question has been conclusively resolved.
The personal data additionally collected during the submission process will be deleted after a period of seven days at the latest.

5. Right to object and right to erasure

The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us by email, they may object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
This may be done in writing by email or post. Of course, you can also request deletion by telephone during normal opening hours.
In this case, all personal data stored in the course of the contact will be deleted.

IX. Live Chat and IP Telephony (3CX)

1. Description and scope of data processing

On our website, we use a locally operated live chat and IP telephony solution (3CX), which is hosted on a server within our own IT infrastructure (on-premise).

The chat is only loaded after you have given your consent via our consent management tool.
When using the chat or call function, the following personal data may be processed:

(1) Chat content
(2) Contact details provided voluntarily (e.g. name, email address)
(3) IP address
(4) Connection data (e.g. time and duration of communication)
(5) Technical information about the device and browser used

When using the call function, audio connections are established via WebRTC.
The data is not processed by external service providers.

2. Legal basis for data processing

The use of the live chat and IP telephony is based on your consent in accordance with Article 6(1)(a) of the GDPR.
Insofar as the communication is aimed at the initiation or performance of a contract, processing is additionally based on Article 6(1)(b) of the GDPR.

3. Purpose of data processing

The data is processed to handle your enquiry and to provide the live chat and IP telephony functions.

4. Duration of storage

The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected and there are no legal retention obligations to the contrary.

5. Right to object and right to erasure

You may withdraw your consent to the use of live chat and IP telephony at any time via the settings of our consent management tool.
In this case, the function will be deactivated and no further processing of your data via the chat will take place.

X. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. Right of access

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If such processing is taking place, you may request the following information from the controller:

(1) the purposes for which the personal data is processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the envisaged period for which the personal data concerning you will be stored, or, if this is not possible, the criteria used to determine that period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) any available information on the origin of the data, where the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and – at least in such cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

2. Right to rectification

You have the right to request from the controller the rectification and/or completion of your personal data if the personal data concerning you is inaccurate or incomplete. The controller must carry out the rectification without undue delay.

3. Right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

(1) where you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) where the processing is unlawful and you oppose the erasure of the personal data and instead request the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims; or (4) where you have objected to the processing pursuant to Article 21(1) of the GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.

Where the processing of your personal data has been restricted, such data – apart from storage – may only be processed with your consent, or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of an important public interest of the Union or of a Member State.
If the restriction on processing has been imposed in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

a) Obligation to erase

You may request that the controller erase your personal data without delay, and the controller is obliged to erase such data without delay where one of the following grounds applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you was collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, the controller shall, taking into account available technology and the cost of implementation, take reasonable steps, including technical measures, to inform controllers who process the personal data that you, as the data subject, have requested the erasure of all links to such personal data or of copies or replicas of such personal data.

c) Exceptions

The right to erasure does not apply where processing is
necessary: (1) for the exercise of the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, in so far as the right referred to in point (a) is likely to render impossible or seriously impair the achievement of the objectives of such processing; or
(5) for the establishment, exercise or defence of legal claims.

5. Right to information

If you have exercised your right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom your personal data has been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves disproportionate effort.
You have the right to be informed by the controller of these recipients.

6. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

(1) the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, or on a contract pursuant to Article 6(1)(b) of the GDPR, and
(2) the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not adversely affect the freedoms and rights of others.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you carried out on the basis of Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to establish, exercise or defend legal claims.

Where personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling insofar as it is related to such direct marketing.

If you object to processing for the purposes of direct marketing, your personal data will no longer be processed for these purposes.

In connection with the use of information society services – notwithstanding Directive 2002/58/EC – you have the option of exercising your right to object by means of automated procedures using technical specifications.

8. Right to withdraw consent

You have the right to withdraw your consent to data processing at any time. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent prior to withdrawal.

9. Automated decision-making in individual cases, including profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the controller;
(2) is authorised by Union or Member State law to which the controller is subject, and that law provides for appropriate measures to safeguard your rights and freedoms as well as your legitimate interests; or
(3) is based on your explicit consent.

However, such decisions may not be based on special categories of personal data as referred to in Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to safeguard your rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.

Contact:
The Hessian Commissioner for Data Protection and Freedom of Information
PO Box 3163
65021 Wiesbaden
Email
Telephone: +49 611 1408 – 0
Fax: +49 611 1408 - 611