We greatly appreciate your interest in our company. The protection of personal data is of particular importance to the management of MIAMO Hotelbetriebs GmbH. In general, the use of the MIAMO Hotelbetriebs GmbH website is possible without the provision of any personal data. However, if an individual wishes to make use of certain services offered by our company via our website, the processing of personal data may become necessary. In cases where the processing of personal data is required and no legal basis exists for such processing, we will generally obtain the consent of the individual concerned.
The processing of personal data—such as the name, address, email address, or telephone number of an individual—is carried out in strict compliance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to MIAMO Hotelbetriebs GmbH. Through this Privacy Policy, our company seeks to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this Privacy Policy is intended to inform individuals of the rights to which they are entitled.
As the data controller, MIAMO Hotelbetriebs GmbH has implemented numerous technical and organizational measures to ensure the most comprehensive protection possible of personal data processed through this website. Nevertheless, internet-based data transmissions may, in principle, be subject to security vulnerabilities, and absolute protection cannot be guaranteed. For this reason, every individual remains free to transmit personal data to us through alternative means, such as by telephone.
1. Definitions
The Privacy Policy of MIAMO Hotelbetriebs GmbH is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). It is our aim that this Privacy Policy be easily readable and understandable for the general public as well as for our customers and business partners. To ensure this, we would like to clarify the terminology used in advance.
In this Privacy Policy, we use, among others, the following terms:
a) Personal Data
Personal data refers to any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered identifiable if they 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.
b) Data Subjekt
A data subject is any identified or identifiable natural person whose personal data are processed by the controller responsible for such processing.
c) Processing
Processing is any operation or set of operations which is performed on personal data, with or without the aid of automated means. Such operations include the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction of personal data.
d) Restriction of Processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
e) Profiling
Profiling is any form of automated processing of personal data that involves the use of such data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that individual’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
f) Pseudonymization
Pseudonymization is 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 stored separately and is subject to technical and organizational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.
g) Controller
The controller or data controller is 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 law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.
h) Processor
A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
i)Recipient
A recipient is a natural or legal person, public authority, agency, or other body to which personal data are disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under Union law or the law of the Member States are not considered recipients.
j) Third Party
A third party is a natural or legal person, public authority, agency, or body other than the data subject, the controller, the processor, and persons who are authorized to process personal data under the direct authority of the controller or processor.
k) Consent
Consent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.
2. Name and Address of the Controller
The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the member states of the European Union, and other regulations with data protection character is:
MIAMO Hotelbetriebs GmbH
Am Neuen Schulhaus 4
69190 Walldorf
Deutschland
Tel.: +49 (0) 6227 / 602-0
E-Mail: mail@ambiente-walldorf.de
Website: http://www.ambiente-walldorf.de
3. Cookies
The websites of MIAMO Hotelbetriebs GmbH use cookies. Cookies are text files that are stored on a computer system via an internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that allows websites and servers to associate the cookie with the specific internet browser in which it was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain different cookies. A specific internet browser can thus be recognized and identified via the unique cookie ID.
By using cookies, MIAMO Hotelbetriebs GmbH is able to provide users of this website with more user-friendly services that would not be possible without the use of cookies.
Cookies allow the information and offerings on our website to be optimized for the benefit of the user. As mentioned earlier, cookies enable us to recognize users of our website. The purpose of this recognition is to make the use of our website easier for users. For example, a user of a website that uses cookies does not have to re-enter their login credentials each time they visit the website, as this information is retained by the website via the cookie stored on the user’s computer system. Another example is a shopping cart cookie in an online store. The online store uses a cookie to remember the items that a customer has placed in the virtual shopping cart.
Data subjects can prevent the setting of cookies by our website at any time by adjusting the settings of their internet browser, thereby objecting to the use of cookies on a permanent basis. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If a data subject disables the setting of cookies in their internet browser, it may result in certain functions of our website not being fully usable.
4. Collection of General Data and Information
The website of MIAMO Hotelbetriebs GmbH collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The data collected may include:
1. The browser types and versions used,
2. The operating system of the accessing system,
3. The website from which an accessing system reaches our website (so-called referrer),
4. The subpages accessed on our website via the accessing system,
5. The date and time of access to the website,
6. An Internet Protocol (IP) address,
7. The Internet service provider of the accessing system, and
8. Other similar data and information that serve to prevent risks in the event of attacks on our information technology systems.
MIAMO Hotelbetriebs GmbH does not draw any conclusions about the data subject from the use of this general data and information. Rather, this information is required in order to:
1. Deliver the content of our website correctly,
2. Optimize the content of our website as well as the advertising for it,
3. Ensure the permanent functionality of our information technology systems and the technology of our website, and
4. Provide law enforcement authorities with the necessary information for prosecution in the event of a cyberattack.
These anonymously collected data and information are therefore evaluated by MIAMO Hotelbetriebs GmbH both statistically and with the aim of enhancing data protection and data security within our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from all personal data provided by a data subject.
5. Contact Options via the Website
The website of MIAMO Hotelbetriebs GmbH contains information, as required by legal provisions, that enables rapid electronic contact with our company as well as direct communication with us, including a general electronic mail address (email address). If a data subject contacts the controller responsible for processing via email or through a contact form, the personal data transmitted by the data subject are automatically stored. Personal data voluntarily provided by a data subject to the controller are stored for the purpose of processing the inquiry or contacting the data subject. There is no transfer of this personal data to third parties.
6. Routine Deletion and Blocking of Personal Data
The controller responsible for processing processes and stores the personal data of the data subject only for the period necessary to achieve the storage purpose or as provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or deleted in accordance with statutory regulations.
7. Rights of the Data Subject
a) Right to Confirmation
Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact our Data Protection Officer or another employee of the controller responsible for processing at any time.
b) Right of Access
Every data subject whose personal data are processed has the right granted by the European legislator to obtain from the controller at any time free of charge information about the personal data stored about them, as well as a copy of this information. Furthermore, the European legislator has granted the data subject the right to be informed of the following:
- The purposes of the processing
- The categories of personal data being processed
- 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 organizations
- Where possible, the intended period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- The existence of a right to request correction or deletion of the personal data concerning them, or to request restriction of processing by the controller, or to object to such processing
- The existence of a right to lodge a complaint with a supervisory authority
- Where the personal data are not collected from the data subject: All available information about the source of the data
- The existence of automated decision-making, including profiling, in accordance with Article 22(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
Furthermore, the data subject has the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they may contact our Data Protection Officer or another employee of the controller responsible for processing at any time.
c) Right to Rectification
Every data subject whose personal data are processed has the right granted by the European legislator to request the immediate correction of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data—including by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may contact our Data Protection Officer or another employee of the controller responsible for processing at any time.
d) Right to Reasure (Right to be Forgotten)
Every data subject whose personal data are processed has the right granted by the European legislator to request that the controller erase personal data concerning them without undue delay, provided that one of the following reasons applies and to the extent that the processing is not required:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR, and there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
- The personal data have been processed unlawfully.
- The erasure of the personal data is required to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- Your personal data was collected in relation to the information society services offered, in accordance with Art. 8 Para. 1 GDPR.
If one of the aforementioned reasons applies and a data subject wishes to request the erasure of personal data stored by MIAMO Hotelbetriebs GmbH, they may contact our Data Protection Officer or another employee of the controller at any time. The Data Protection Officer of MIAMO Hotelbetriebs GmbH or another employee will ensure that the request for erasure is complied with promptly.
Where personal data has been made public by MIAMO Hotelbetriebs GmbH and our company, as the controller, is obligated to erase the personal data pursuant to Art. 17 Para. 1 GDPR, MIAMO Hotelbetriebs GmbH shall, taking into account the available technology and the costs of implementation, take reasonable steps, including technical measures, to inform other controllers who are processing the published personal data that the data subject has requested the erasure by these other controllers of any links to, or copies or replications of, that personal data, provided the processing is not required. The Data Protection Officer of MIAMO Hotelbetriebs GmbH or another employee will take the necessary action on a case-by-case basis.
e) Right to Restriction of Processing
Every data subject has the right, granted by the European legislator, to obtain from the controller the restriction of processing where one of the following 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 objects to the erasure of the personal data and requests instead the restriction of its use.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject requires it for the establishment, exercise, or defense of legal claims.
- The data subject has objected to the processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
Where one of the aforementioned conditions applies and a data subject wishes to request the restriction of personal data stored by MIAMO Hotelbetriebs GmbH, they may contact our Data Protection Officer or another employee of the controller at any time. The Data Protection Officer of MIAMO Hotelbetriebs GmbH or another employee will arrange for the restriction of processing.
f) Right to Data Portability
Every data subject has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means. This right does not apply to processing that 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.
Furthermore, when exercising their right to data portability pursuant to Art. 20 Para. 1 GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible, and where this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject may contact the Data Protection Officer appointed by MIAMO Hotelbetriebs GmbH or another employee at any time.
g) Right to Object
Every data subject has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
In the event of an objection, MIAMO Hotelbetriebs GmbH will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing is for the establishment, exercise, or defense of legal claims.
If MIAMO Hotelbetriebs GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to MIAMO Hotelbetriebs GmbH to the processing for direct marketing purposes, MIAMO Hotelbetriebs GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is processed by MIAMO Hotelbetriebs GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 Para. 1 GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact the Data Protection Officer of MIAMO Hotelbetriebs GmbH or another employee directly. Furthermore, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is free to exercise their right to object by automated means using technical specifications.
h) Automated Individual Decision-Making, Including Profiling
Every data subject has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision is (1) necessary for entering into or the performance of a contract between the data subject and the controller, or (2) based on the data subject’s explicit consent, MIAMO Hotelbetriebs GmbH shall implement suitable measures to safeguard the data subject’s rights, freedoms, and legitimate interests, which includes at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, they may contact our Data Protection Officer or another employee of the controller at any time.
i) Right to Withdraw Consent
Every data subject has the right, granted by the European legislator, to withdraw their consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact our Data Protection Officer or another employee of the controller at any time.
8. Data Protection Provisions Regarding the Use and Application of Facebook
The controller has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is an internet-based social meeting place, an online community that generally allows users to communicate with each other and interact in a virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enable the internet community to provide personal or business-related information. Among other things, Facebook allows users of the social network to create private profiles, upload photos, and connect via friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. The controller responsible for the processing of personal data, if a data subject lives outside the USA or Canada, is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each time one of the individual pages of this website is accessed, which is operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, the internet browser on the data subject’s information technology system is automatically prompted by the respective Facebook component to download a display of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be accessed at https://developers.facebook.com/docs/plugins/?locale=en_US. In the course of this technical process, Facebook gains knowledge of which specific sub-page of our website is visited by the data subject.
If the data subject is logged in to Facebook at the same time, Facebook recognizes with each visit to our website by the data subject and for the entire duration of the respective stay on our website, which specific sub-page of our website the data subject has visited. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject clicks one of the Facebook buttons integrated on our website, for example the “Like” button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores this personal data.
Facebook always receives information via the Facebook component that the data subject has visited our website whenever the data subject is simultaneously logged into Facebook at the time of accessing our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want such a transmission of information to Facebook, they can prevent this by logging out of their Facebook account before visiting our website.
Facebook’s data policy, which is available at https://www.facebook.com/about/privacy/, provides information about the collection, processing, and use of personal data by Facebook. It also explains the settings Facebook offers to protect the data subject’s privacy. In addition, various applications are available that can suppress data transmission to Facebook. Such applications can be used by the data subject to prevent data from being transmitted to Facebook.
9. Data Protection Provisions Regarding the Use and Application of Instagram
The controller has integrated components of the Instagram service on this website. Instagram is a service that is classified as an audiovisual platform and enables users to share photos and videos, as well as to further disseminate such data in other social networks.
The operating company of Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.
Each time one of the individual pages of this website is accessed, which is operated by the controller and on which an Instagram component (Insta button) has been integrated, the internet browser on the data subject’s information technology system is automatically prompted by the respective Instagram component to download a display of the corresponding component from Instagram. In the course of this technical process, Instagram gains knowledge of which specific sub-page of our website is visited by the data subject.
If the data subject is simultaneously logged into Instagram, Instagram recognizes with each visit to our website by the data subject and for the entire duration of the respective stay on our website, which specific sub-page the data subject has visited. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transmitted with it are assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.
Instagram always receives information via the Instagram component that the data subject has visited our website whenever the data subject is simultaneously logged into Instagram at the time of accessing our website. This occurs regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not want such a transmission of information to Instagram, they can prevent this by logging out of their Instagram account before visiting our website.
Further information and the applicable data protection provisions of Instagram can be accessed at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
10. Legal Basis for Processing
Article 6(1)(a) of the GDPR serves as our company’s legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6(1)(b) of the GDPR. b DS-GVO. The same applies to processing operations that are necessary for the performance of pre-contractual measures, for example, in the case of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)(c) of the GDPR. c DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor to our business were to be injured and their name, age, health insurance data, or other vital information had to be passed on to a doctor, a hospital, or other third parties. The processing would then be based on Article 6(1)(d) of the GDPR. d DS-GVO based. Finally, processing operations could be based on Art. 6(1)(f) of the GDPR. f DS-GVO based. Processing operations are based on this legal basis if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, unless the interests, fundamental rights, and freedoms of the data subject override them. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. He was of the opinion that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47, sentence 2 GDPR).
11. Legitimate Interests Pursued by the Controller or a Third Party
The processing of personal data is based on a legal basis, as outlined in Article 6(1) of the GDPR. f) Our legitimate interest under the GDPR is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
12. Duration for which personal data will be stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiration of the period, the corresponding data will be routinely erased, provided that they are no longer necessary for the fulfillment or initiation of a contract.
13. Statutory or Contractual Requirements for the Provision of Personal Data; Necessity for Entering into a Contract; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Provision
We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., details of the contractual partner). It may sometimes be necessary for a data subject to provide us with personal data that subsequently must be processed by us in order to enter into a contract. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them. A failure to provide the personal data would result in the contract with the data subject not being concluded. Before providing personal data, the data subject must contact our Data Protection Officer. Our Data Protection Officer will, on a case-by-case basis, inform the data subject as to whether the provision of personal data is required by law or contract or is necessary for entering into a contract, whether there is an obligation to provide the personal data, and what consequences the non-provision of the personal data would have.
14. Existence of Automated Decision-Making
As a responsible company, we refrain from using automated decision-making or profiling.