Your security is the highest priority

1 General Information

1.1 Objective and Responsibility
1. This Data Privacy Statement is to inform you about the nature, scope and purpose of the processing of personal data related to our online service and the related websites, features and contents (hereinafter collectively referred to as ‘online service’ or ‘website’).
2. The online service is provided by Breidenbacher Hof (WPHG Düsseldorf Operating GmbH, Königsallee 11, D-40212 Düsseldorf, Germany) - hereinafter referred to as ‘provider’, ‘we’ or ‘us’ - who is also legally responsible under the data protection law.
3. Our voucher shop is provided by INCERT eTourismus GmbH & Co. KG, Lederfabrik Linz, Leonfeldnerstrasse 328, A-4040 Linz (www.incert.at).
4. You can reach out to our Data Protection Officer Sven Meyzis - IT.DS Beratung under the E-Mail address S.Meyzis@ITDSB.de and telephone 0049 40-21091514.
5. The term ‘user’ encompasses all customers, interested people, employees and visitors of our online service.

1.2 Legal Bases
We collect and process personal data based on the following legal grounds:
a. Consent in accordance with article 6 paragraph 1 lit. a General Data Protection Regulation (GDPR). Consent meaning any freely given, specific, informed and unambiguous indication of agreement, which could be in the form of a statement or any other unambiguous confirmatory act, given by the data’s subject consenting to the processing of personal data relating to him or her.
b. Necessity for the performance of a contract or in order to take steps prior to entering into a contract according to article 6 paragraph 1 lit. b GDPR, meaning the data is required in order for us to fulfil our contractual obligations towards you or to prepare the conclusion of a contract with you.
c. Processing to fulfil a legal obligation in accordance with article 6 paragraph 1 lit. c GDPR, meaning that e.g. the processing of data is required by law or other provisions.
d. Processing in order to protect legitimate interests in accordance with article 6 paragraph 1 lit. f GDPR, meaning that the processing is necessary to protect legitimate interests pursued by us or by a third party, unless such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data.

1.3 Data Subject Rights
You have the following rights with regards to the processing of your data through us:
a. The right to lodge a complaint with a supervisory authority in accordance with article 13 paragraph 2 lit. d GDPR and article 14 paragraph 2 lit. e GDPR.
b. Right of access in accordance with article 15 GDPR
c. Right to rectification in accordance with article 16 GDPR
d. Right to erasure (‘right to be forgotten’) in accordance with article 17 GDPR
e. Right to restriction of processing in accordance with article 18 GDPR
f. Right to data portability in accordance with article 20 GDPR
g. Right to objection in accordance with article 21 GDPR Notice: Users may object to the processing of their personal data in accordance with legal allowances at any time with effect for the future. The objection may in particular be made against processing for the purposes of direct marketing.

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, employment or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR.

1.4 Data Erasure and Duration of Storage
The personal data of the data subject will be erased or blocked as soon as the purpose of the storage is inapplicable. Storage of data beyond that may occur if such storage is required by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or erasure of data also takes place when a retention period mandated by the standards mentioned expires, unless the continued storage of data is required for the conclusion of a contract or the fulfilment of contractual obligations.

1.5 Security of Processing
1. We have implemented appropriate and state-of-the-art technical and organisational security measures (TOMs). Thus, the data that is processed by us is protected against accidental or intentional manipulation, loss, destruction and unauthorized access.
2. These security measures include in particular the encrypted transfer of data between your browser and our server.

1.6 Transfer of Data to Third Parties, Subcontractors and Third Party Providers
1. A transfer of personal data to third parties only occurs within the framework of legal requirements. We only disclose personal data of users to third parties, if this is required e.g. for billing purposes or other purposes, if the disclosure is necessary to ensure the fulfilment of contractual obligations towards the users.
2. If we engage subcontractors for our online service, we have made appropriate contractual arrangements as well as adequate technical and organizational measures with these companies.
3. If we use content, tools or other means from other companies (hereinafter collectively referred to as ‘third party providers’) whose registered offices are located in a third country, it is assumed that a transfer of data to the home countries of these third party providers occurs. The transfer of personal data to third countries takes place exclusively only, if an adequate level of data protection, the user’s consent or another legal permission is present.

2 Concrete Data Processing

2.1 Collection of Information on the Use of the Online Service
1. When using our online service, information may be transferred automatically from the device of the user to us; this information includes the name of the accessed website, file, date and time of the access, amount of data transferred, notification about successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
2. The processing of this information takes place based on legitimate interests in accordance with article 6 paragraph 1 lit. f GDPR (e.g. to optimize the online service) as well as to ensure the security of processing in accordance with article 5 paragraph 1 lit. f GDPR (e.g. for the defence and clarification purposes of cyberattacks)
3. This information will be automatically deleted 30 days after the termination of the connection, unless any other retention periods require otherwise.
4. The collection of the data and the storage of the data in log files is essential for the provision of the online service. Therefore users are not entitled to the options of erasure, objection or correction.

2.2 Contacting via E-Mail
1. When contacting us (via online form or e-mail), the data provided by the user will be processed exclusively for processing the inquiry and its handling.
2. Any other use of the data will only take place based on the given consent from the user.
3. The statutory retention periods for business letters apply.

2.3 Gift vouchers
1. Description and scope of data processing In our voucher shop you have the opportunity to purchase vouchers for different occasions. If a user realizes this option, the data entered in the input mask will be transmitted to us and processed by us. The processing includes the following data: salutation / title, first name, name, telephone number, e-mail address, date of birth, address, voucher value, wishes, payment data.

The voucher shop is based on the voucher system of INCERT eTourism GmbH & Co KG, Lederfabrik Linz, Leonfeldnerstrasse 328, A-4040 Linz (www.incert.at). We have concluded an order processing agreement with INCERT.

A transfer of personal data to third parties, if this is necessary in the context of the contract, for example, to the commissioned with the payment transaction bank. Further transmission of data only takes place if you have expressly consented to the transmission.

2. Legal basis for data processing
The legal basis for the processing of the data is the conclusion of a purchase contract with the user in accordance with article 6 paragraph 1 lit. b GDPR
3. Purpose of the data processing
The processing of the personal data provided by the user takes place solely for the processing of the voucher purchase and for the handling of the payment transactions. Our Terms and Conditions (GTC) can be found at:
https://www.capellahotels.com/en/capella-dusseldorf/offers/gift-certificates
4. Duration of storage The data will be deleted as soon as they are no longer necessary for the purpose described above. In the case of a contractual relationship, we will delete the received data as soon as the legal or contractual storage regulations are fulfilled.
5. Opposition and elimination possibility The user has the possibility at any time to object to the processing of his personal data, e.g. by email to privacy.bbh@capellahotels.com.

2.4 Video surveillance
Below you will find
our privacy policy in the sense of article 13 GDPR regarding the processing of personal data in the context of our video surveillance.
1. Video recordings are processed on the basis of article 6 paragraph 1 lit. f GDPR; the socalled legitimate interest.
2. Our legitimate interests are:
 Preservation of the house right
 Protection against theft, protection of property
 Clarification of burglary and theft
 Protection of guests and employees
3. The processing of the video recordings is exclusively done in accordance with the stated purpose.
4. Any further use or transfer of video recordings shall only be made to the extent that this is necessary in the context of a possible prosecution. Recipients in this case are the competent law enforcement agencies.
5. We use external service providers for the maintenance of the video surveillance system, whereby access to the video surveillance system or stored video recordings can not be ruled out.
6. The deletion of the video recordings takes place 10 days after recording, provided that no special occurrences have occurred which justify or require further storage.

2.5 Newsletter
1. Description and scope of data processing
On our website you can subscribe to a newsletter free of cost. If a user realizes this option, the data entered in the input mask will be transmitted to us and processed by us. The processing includes the following data: salutation, first name, last name, e-mail address. In addition, the following data is collected during registration: IP address of the calling computer as well as date and time of registration. For the processing of the data, your consent is obtained during the registration process and reference is made to this data protection policy. The data will be used exclusively for sending the newsletter. The newsletter is sent by Cendyn.
Cendyn is a cloud-based technology platform (CRM and distribution platform) operated by Central Dynamics, LLC, a Delaware limited liability company, 980 N Federal Hwy, 2nd Floor Boca Raton, FL 33432 USA. The Cendyn Privacy Policy can be found at: https://www.cendyn.com/privacy-policy/. The personal data of the newsletter recipients are stored on the servers of Cendyn in the USA. We have a contract processing agreement with Cendyn. Furthermore, Cendyn claims to use the data to optimize or improve its own services, e.g. for the technical optimization of shipping and the presentation of newsletters or for economic purposes, to determine from which countries the recipients come. However, Cendyn does not use the data of our newsletter recipients to address them themselves or to pass the data on to third parties.
2. Legal basis for data processing
The legal basis for processing the data is the consent given by the user acc. To article 6 paragraph 1 lit. a GDPR.
3. Purpose of the data processing
The collection of the e-mail address of the user serves to deliver the newsletter. The collection of other personal data as part of the registration process is intended to prevent misuse of the services or the e-mail address used.
4. Duration of storage The data will be deleted as soon as they are no longer necessary for the purpose mentioned above. The user's e-mail address will be saved as long as the subscription to the newsletter is active.
5. Opposition and removal option Subscription to the newsletter may be terminated by the user at any time. For this purpose, there is a corresponding unsubscribe link in each newsletter. This also allows a revocation of the consent of the storage of the personal data collected during the registration process.

2.6 Registration form
1. We have the legal obligation to collect the following data from you according to the German Federal Registration Act (Bundesmeldegesetz / BMG):
- date of arrival and expected departure
- surname
- first name
- date of birth
- nationality
- address
- serial number of the passport or the passport substitute paper (only for foreign guests)
- For accompanying relatives (eg spouse, children) no own registration form must be filled out. It is sufficient to indicate the number of fellow travelers and their nationality.
- For travel companies with more than ten persons, only the tour guide must complete the registration form. In this case it’s necessary to indicate the number of passengers and their nationality. - Foreign guests, who have to fill in a registration form, have to prove their identity by registering with passport or passport substitute paper. We are obliged to check the information provided in the registration form. If there are deviations or if there is no passport, this must be noted on the registration form. 2. Storage period
The completed registration forms must be kept for one year according to BMG - calculated from the day of arrival - and then destroyed within 3 months.

3 Cookies

3.1 General Information
1. Cookies are information transmitted by our web server or third-party web servers to the users' devices where they are stored for later retrieval. Cookies can be in the form of small files or any other types of information storage.
2. In the case that users do not want that cookies are stored on their device, they will be asked to disable the corresponding option in their browser's system settings. Saved cookies may be deleted in the system settings of the browser. The exclusion of cookies can lead to functional impairments of this online service.
3.2 Objection Options
You may object to the use of cookies that are used for measuring the range of coverage and promotional purposes via a. deactivation page of the Network Advertising Initiative: http://optout.networkadvertising.org/ b. the US-American website: http://www.aboutads.info/choices c. the European website http://www.youronlinechoices.com/uk/your-ad-choices/

4 Changes to the Data Privacy Policy

1. We reserve the right to change this Data Privacy Policy with regards to the data processing, in order to adapt it to changed legal situations, to changes of the online service or of the data processing.
2. If users' consents are required or if elements of the Data Privacy Policy contain provisions in regards to the contractual relationship with the users, the changes will only be made with the consent of the users.
3. Users are requested to keep themselves informed about the content of this Data Privacy Policy on a regular basis.

Version: 2019-11-26
etracker
The provider of this website uses the services of etracker GmbH, Hamburg, Germany (www.etracker.com) to analyse usage data. We do not use cookies for web analysis by default. If we use analysis and optimisation cookies, we will obtain your explicit consent separately in advance. If this is the case and you agree, cookies are used to enable a statistical range analysis of this website, a measurement of the success of our online marketing measures and test procedures, e.g. to test and optimise different versions of our online offer or its components. Cookies are small text files that are stored by the Internet browser on the user's device. etracker cookies do not contain any information that could identify a user.

The data generated by etracker on behalf of the provider of this website is processed and stored by etracker solely in Germany by commission of the provider of this website and is thus subject tothe strict German and European data protection laws and standards. In this regard, etracker was independently checked, certified and awarded with theePrivacyseal data protection seal of approval.

The data processing is based on Art. 6 Section 1 lit f (legitimate interest) of the General Data Protection Regulation (GDPR). Our legitimate interest is the optimisation of our online offer and our website. As the privacy of our visitors is very important to us, the data that may possibly allow a reference to an individual person, such as IP address, registration or device IDs, will be anonymised or pseudonymised as soon as possible. etracker does not use the data for any other purpose, combine it with other data or pass it on to third parties.

You can object to the outlined data processing at any time. Your objection has no disadvantageous consequences.

My visit data is used for web analysis.
Further information on data protection with etracker can be found here.