We, DO & CO Hotel München of DO & CO Hotel München GmbH (hereinafter: "the hotel", "we" or "us") take the protection of your personal data seriously and would like to inform you here about data protection in our hotel.
Within the scope of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "GDPR") in order to ensure the protection of personal data of the person affected by a processing operation (we also refer to you as "guest", "user", "you" or "data subject" hereinafter).
Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes above all the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (see Articles 13 and 14 GDPR). With this declaration (hereinafter: "data protection notice"), we inform you about the manner in which your personal data is processed by us.
Our data protection information has a modular structure. It consists of a general part for all processing of personal data and processing situations that come into play each time a website is called up (A. General) and a special part, the content of which only relates to the processing situation specified there with the designation of the respective offer, in particular the visit of websites as detailed here (B. Visit to websites).
In order to be able to find the parts that are relevant to you, please refer to the following overview for the structure of the data protection notices:
Following the example of Article 4 of the GDPR, this data protection notice is based on the following definitions:
- "Personal data" (Article 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person ("data subject"). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or audio recordings may also contain personal data).
- "Processing" (Article 4 No. 2 GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e. obtaining), recording, organisation, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or intended purpose on which a data processing was originally based.
- "Controller" (Article 4 No. 7 GDPR) 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.
- "Third party" (Article 4 No. 10 GDPR) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who are authorised to process the personal data under the direct responsibility of the controller or processor; this also includes other group-affiliated legal persons.
- A "processor" (Article 4 No. 8 GDPR) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service provider). In the sense of data protection law, a processor is in particular not a third party.
- "Consent" (Article 4 No. 11 GDPR) of the data subject means any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
(2) the name and address of the controller
The controller for the processing of your personal data within the meaning of Article 4 No. 7 GDPR is:
DO & CO Hotel München GmbH
Weinstraße 7 80333 Munich
Tel: +49 (0) 89 693 13 780
For further information about our hotel, please refer to the imprint details on our website.
(3) Contact details of the data protection officer
Our company data protection officer is available at all times to answer any questions you may have and to act as your contact person on the subject of data protection at our company. His contact details are:
(4) Legal basis for data processing
Any processing of personal data is only allowed if the data processing falls under one of the following justifications:
- Article 6 (1) lit. a of the GDPR ("consent"): where the data subject has freely given his or her unambiguous and informed consent, by means of a declaration or other unambiguous affirmative act, to the processing of personal data relating to him or her for one or more specified purposes;
- Article 6 (1) lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the request of the data subject;
- Article 6 (1) lit. c GDPR: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);
- Article 6 (1) lit. d GDPR: If the processing is necessary to protect the vital interests of the data subject or another natural person;
- Article 6 (1) lit. e GDPR: Where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, or
- Article 6 (1) lit. f GDPR ("Legitimate Interests"): If the processing is necessary to safeguard legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject prevail (in particular if the data subject is a minor).
For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.
(5) Data deletion and storage period
For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. Your data will only be stored on our servers in Germany, subject to any transfer in accordance with the provisions in A. (7) and A. (8).
However, storage may take place beyond the specified time in the event of a (pending) legal dispute with you or other legal proceedings or if storage is provided for by statutory regulations to which we are subject as the responsible party (e.g. § 257 HGB, § 147 AO). If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.
(6) Data security
We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties, taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with more detailed information on request. Please contact our data protection officer.
(7) Cooperation with processors
As with any larger company, we also use external domestic and foreign service providers (e.g. for IT, logistics, telecommunications, sales and marketing) to process our business transactions. These service providers only act on our instructions and are contractually obliged to comply with data protection regulations in accordance with Article 28 of the Data Protection Regulation.
If personal data from you is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.
(8) Conditions for the transfer of personal data to third countries
In the course of our business relationships, your personal data may be transferred to or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing is carried out exclusively for the fulfilment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the disclosure in the following at the relevant points.
Some third countries are certified by the European Commission as having a level of data protection comparable to the EEA standard through so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is sufficiently guaranteed. This is possible through binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates or recognised codes of conduct. Please contact our data protection officer if you would like more information on this.
(9) No automated decision making (including profiling)
We do not use the personal data we collect from you for any automated decision-making process (including profiling).
(10) No obligation to provide personal data
Without prejudice to our obligation under A. (11), we do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. As a guest, you are under no general obligation to provide us with your personal data; however, we may only be able to provide certain offers to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed of this separately.
(11) Legal obligation to transmit certain data
We may, under certain circumstances, be subject to a specific legal or statutory obligation to make the lawfully processed personal data available to third parties, in particular public bodies (Article 6 (1) lit. c GDPR).
(12) Your rights
You can assert your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of A.(2). As a data subject, you have the right
- In accordance with Article 15 GDPR, you may request information about your data processed by us. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
- In accordance with Article 16 GDPR, you have the right to demand the correction of incorrect data or the completion of your data stored by us without delay;
- In accordance with Article 17 GDPR, you may request the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
- In accordance with Article 18 GDPR, you have the right to demand the restriction of the processing of your data, insofar as the correctness of the data is disputed by you or the processing is unlawful;
- Pursuant to Article 20 GDPR, you have the right to receive your data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller ("data portability");
- You have the right to object to processing in accordance with Article 21 of the GDPR, provided that the processing is carried out on the basis of Article 6 (1) sentence 1 lit. e or lit. f of the GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will review the merits of the case and either cease or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;
- In accordance with Article 7 (3) of the GDPR, you may revoke your consent - i.e. your voluntary, informed and unambiguous intention to consent to the processing of the personal data in question for one or more specific purposes by means of a declaration or other unambiguous affirmative action - given once (also before the GDPR came into force, i.e. before 25.5.2018) at any time vis-à-vis us, if you have given such consent. This has the consequence that we may no longer continue the data processing based on this consent for the future and
- In accordance with Article 77 GDPR, you have the right to complain to a data protection supervisory authority about the processing of your personal data in our hotel, such as the data protection supervisory authority responsible for us:
Der Bayerische Landesbeauftragte für den Datenschutz
Postfach 22 12 19, 80502 München
Tel: 089 212672-0 / Fax 089 212672-50
(13) Changes to the data protection notice
In the context of the further development of data protection law as well as technological or organisational changes, our data protection information is regularly reviewed to see whether it needs to be adapted or supplemented. You will be informed of any changes in particular on our German website at www.docohotel.com/munich/. This data protection notice is valid as of [month and year of publication of the data protection notice].
B. Website Visits
(1) Explanation of the function
You can obtain information about our hotel and the services we offer in particular at www.docohotel.com/munich/ together with the associated sub-pages (hereinafter collectively: "websites"). When you visit our websites, your personal data may be processed.
(2) Personal data processed
During the informative use of the websites, the following categories of personal data are collected, stored and processed by us:
"Log data": When you visit our websites, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:
- the page from which the page was requested (so-called referrer URL).
- the name and URL of the requested page
- the date and time of the call
- the description of the type, language and version of the web browser used.
- the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established.
- the amount of data transferred
- the operating system
- the message whether the call was successful (access status/http status code).
- the GMT time zone difference
"Data from contact generated emails": When contact forms are used, the data transmitted through them are processed (e.g. gender, surname and first name, address, company, email address and the time of transmission).
In addition to the purely informational use of our website, we reserve the right to offer a subscription to our newsletter in the future, with which we will inform you about current developments at the hotel and events. If you subscribe to our newsletter, the following "newsletter data" will be collected, stored and processed by us:
- the page from which the page was requested (so-called referrer URL)
- the date and time of the call
- the description of the type of web browser used
- the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established.
- the email address
- the date and time of registration and confirmation
We would like to point out that we evaluate your user behaviour when sending the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files that are stored on our website. For the evaluations, we link the aforementioned data and the web beacons with your e-mail address and an individual ID. Links contained in the newsletter also contain this ID. The data is only collected pseudonymously, i.e. the IDs are not linked to your other personal data, a direct personal reference is excluded.
(3) Purpose and legal basis of the data processing
We process the personal data described in more detail above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Article 6 (1) sentence 1 lit. f GDPR, the aforementioned purposes also represent our legitimate interests.
The processing of the log data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis is Article 6 (1) lit. f GDPR).
Contact form data is processed for the purpose of handling guest enquiries (legal basis is Article 6 (1) lit. b or lit. f GDPR).
The newsletter data is processed for the purpose of sending the newsletter. When registering for our newsletter, you consent to the processing of your personal data (legal basis is Article 6 (1) lit. a GDPR). We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration, we will send you an e-mail to the e-mail address you provided in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to verify your registration and, if necessary, to be able to clarify any possible misuse of your personal data. You can revoke your consent to receive the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter, by e-mail to firstname.lastname@example.org or by sending a message to the contact details given in the imprint.
(4) Duration of the data processing
Third parties engaged by us will store your data on their system for as long as is necessary in connection with the provision of the services for us in accordance with the respective order.
(5) Transfer of personal data to third parties; justification basis
The following categories of recipients, which are usually processors (see A.(7)), may have access to your personal data:
- The legal basis for the transfer of data is then Article 6 (1) lit. b or lit. f of the German Data Protection Act (GDPR), insofar as this does not involve a data processor. The legal basis for the transfer is then Article 6 (1) lit. b or lit. f GDPR, insofar as it does not involve data processors;
- Government agencies/authorities, insofar as this is necessary for the fulfilment of a legal obligation. The legal basis for the disclosure is then Article 6 (1) lit. c GDPR;
- Persons appointed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities). The legal basis for the disclosure is then Article 6 (1) lit. b or lit. f GDPR.
For the guarantees of an adequate level of data protection in the event of a transfer of the data to third countries, see A.(8).
In addition, we will only pass on your personal data to third parties if you have given your express consent to do so in accordance with Article 6 (1) lit. a GDPR.
Cookies can contain data that make it possible to recognise the device used. In some cases, however, cookies only contain information on certain settings that are not personally identifiable. However, cookies cannot directly identify a user.
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is made between cookies:
- Technical cookies: these are mandatory to move around the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which web pages you have visited;
- Performance cookies: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;
- Advertising cookies, targeting cookies: These are used to offer the website user tailored advertising on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;
- Sharing cookies: These are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.
c) Social media plugins
We do not use social media plugins on our websites. If our websites contain icons of social media providers, we only use these for passive linking to the pages of the respective providers.
d) Google Analytics
e) Google Tag Manager
If you have consented, we use the Google Tag Manager from Google Inc. with which companies can manage website tags via an interface. The Google Tag Manager is a c ookless domain that does not collect any personal data. The Google Tag Manager triggers other tags, which in turn may collect data. We hereby point this out separately. The Google Tag Manager does not access this data. If the user subsequently deactivates the tag at domain or cookie level, this deactivation remains in effect for all tracking tags implemented with Google Tag Manager.
(6) Foreign language pages
Insofar as parts of the website are also offered in languages other than German, this is exclusively a service for our customers, interested parties and employees who do not speak German.