The provider of this app is:
Cosmopolitan Hotelbetriebs GmbH
Elisenstraße 3
80335 München
Deutschland
Telefon: 089 55 137 8196
Telefax: 089 38 381 1111
(hereinafter referred to as "We" or "Provider")
Technical provision and maintenance of the App is conducted by German provider
Hotel MSSNGR GmbH
Tölzer Straße 17
83677 Reichersbeuern
Deutschland
Tel.: 030 - 12 07 60 86
E-Mail: datenschutz@hotel-mssngr.com
Website: www.hotel-mssngr.com
(hereinafter referred to as "Supplier")
We are very delighted that you have shown interest in our app. Data protection is of a particularly high priority for our management. The use of our app is generally possible anonymously without entering personal data. The Supplier stores only a user token (comparable to a website cookie) to identify returning users and display their settings. The anonymized data is also used to analyze user behavior and improve products.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Provider. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Provider has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Provider is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation 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 kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing 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 or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Cosmopolitan Hotelbetriebs GmbH
Elisenstraße 3
80335 München
Deutschland
Telefon: 089 55 137 8196
Telefax: 089 38 381 1111
The Data Protection Officer of the controller is:
Cosmopolitan Hotelbetriebs GmbH
Elisenstraße 3
80335 München
Deutschland
Telefon: 089 55 137 8196
Telefax: 089 38 381 1111
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Provider, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of the Provider or another employee shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of the Provider or another employee will arrange the necessary measures in individual cases.
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Provider, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of the Provider or another employee will arrange the restriction of the processing.
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR 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, as long as the processing is not 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by the Provider or another employee.
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Provider shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Provider processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Provider to the processing for direct marketing purposes, the Provider will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Provider for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of the Provider or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Each data subject shall have 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 him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised 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 not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Provider shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our Data Protection Officer of the Provider or another employee of the controller.
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
f the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our Data Protection Officer of the Provider or another employee of the controller.
Requests from the app automatically generate a web server log entry - the same happens when opening a web page - as well as requesting other third-party content. Since the log entry (also "log file") is a standard format, it always contains a defined set of information about the requesting browser client: date, time, referrer, IP address of the client, user agent, etc. The log file is stored on the server. This data is usage data that is generated during any data transfer on the Internet. The IP address is stored anonymized (truncated by the last four digits). Solely in the event of errors or attacks, we will store the non-anonymized IP address for 24 hours. The legal basis for this data collection is Art. 6 para. 1 lit. f GDPR.
The app requests permission to send push notifications so that users can be informed about offers during their stay. This sharing is purely voluntary and can be revoked at any time in the operating system settings.
For certain functions, the app requests permission to use the user's location. The permission is voluntary. This location data is forwarded to the servers of the Provider. This data is used anonymously in order to improve the user experience of the app and the stay on site. This data will not be passed on to third parties.
The permission to use locating data can be revoked at any time by withdrawing access to the locating data from the app in the operating system settings.
The iOS and Android apps use Google Analytics for Firebase, an analytics service, and Firebase Crashlytics, a crash reporting service, both provided by Google Inc, (1600 Amphitheatre Parkway Mountain View, CA 94043, USA, “Google”).
Analytics and crash reporting are disabled per default. Analytics and crash data is only processed if you actively enable it (opt-in). To help us improve the app, please go to Settings and enable “Analytics”. The legal basis for the use of Google Analytics for Firebase and Firebase Crashlytics is Art. 6 para. 1 lit. a GDPR.
If you choose to enable analytics, the app uses a cookie-like token (Instance ID) to recognize the device at Google Firebase and to enable an analysis of your usage behavior. The token is unique to the app and not retained on reinstalling the app or resetting the mobile device. We have disabled collection of Advertising IDs and Identifiers to minimize the possibility to obtain a persistent, cross-app and cross-device recognition of the user. The information about app usage gathered by means of the Instance ID is sent to Google’s servers in the USA. The IP address used during use is shortened before leaving the EU or the EEA. Only in exceptional cases does this reduction take place in the USA. The IP address transmitted by the app is not linked to any other data at Google. Google will use this data to analyze app usage on behalf of the Provider and compile reports for the Provider. These reports are anonymised. Therefore, they do not contain personal data and do not allow the identification of individual users. Instead, the data is aggregated over all users. These reports include, for example, the frequency of use, the place of use and the content viewed. With the help of these reports, the Provider will improve the product quality. The collected data will be deleted after 2 months.
For Crash Reporting, we’re using Firebase Crashlytics, which sends the aforementioned Instance ID when using the app. When a crash occurs, the App will also send crash reports to Google’s servers to help us improve the quality of the app by being able to in-depth analyze crashes of the app. The collected data will be deleted after 90 days.
If you have enabled analytics, you can disable the analysis of your user data at any time by deactivating the “Analytics” function in the settings of the native app. This prevents the future collection of your data and sending it to Google. You will need to disable this setting on all devices on which you use the App.
Further information and Google’s and Firebase’s current privacy policy can be found at https://www.google.de/policies/privacy/ and https://firebase.google.com/support/privacy.
Within the app, we're offering a service to make bookings for the stay in the hotel. The entry of first/last name and room number/booking number is mandatory in accordance with legal requirements. If necessary, further personal data is requested which might be required for the processing of the booking. Under no circumstances is data queried that is not necessary for executing the booking. The data entered is required to forward the bookings to the appropriate locations in the hotel and to prevent misuse.
The anonymized data of the bookings will further be used to analyze the booking behavior and to further develop this functionality.
The personal data will be stored for 14 more days after the booked event has taken place to enable correct transmission into the provider’s billing systems and will be deleted after this period. The legal basis for this storage is Art. 6 para. 1 lit. b GDPR.
Personal data will only be forwarded to the Supplier and, if necessary, to external booking providers fulfilling the booking, but never to other third parties.
The app offers a pinboard functionality where users of the app can mutually exchange messages with each other. In order to use the pinboard, an email address, a freely selectable user name as well as an optional profile picture must be entered. The e-mail address is not publicly visible and is only used to send notifications about new messages to the user. Employees will only see the email address if there is justified interest (e.g. misuse).
Due to the free choice of user name and profile picture, every user is free to use the pinboard anonymously or with clear names. The username and profile picture are displayed to other users who also participate in the pinboard functionality.
Furthermore, pinboard users can write messages as well as answers to existing messages. These are displayed within the app to other users and are stored on the server side with creator and time stamp.
User name, profile picture and messages are used exclusively in the context of the pinboard functionality and are not passed on to third parties. Users and messages can be reported to moderators by other users and may be deleted or blocked by them.
In the settings of the app, the participation of the pinboard functionality can be revoked by deleting the pinboard profile, whereby the personal data including the posts are removed from the pinboard. The data will then remain on our servers within a retention period of 7 days in order to comply with legal requirements in case of fraudulent use. The legal basis for the storage of the pinboard profile Is Art. 6 para 1 lit. a.
The app offers a PC-CADDIE integration, so you can book start times more quickly. To use this feature, you must already have an account on your club's website and have agreed to PC-CADDIE's terms of use.
If you log in to PC-CADDIE via the app, the email address and password of your PC-CADDIE access will be stored encrypted locally on your device so that you are automatically logged when you return to the app. This data will then be forwarded to PC CADDIE, a Swiss company, so that you can use their services via an integrated website. The data will therefore never be forwarded to the servers of Hotel MSSNGR or other third party providers.
If you wish to object to storing the account data in the app, you can log out of PC-CADDIE in the settings. This will delete your locally stored access data.
For more information, please see PC CADDIE's privacy policy at https://www.pccaddie.de/en/footer-menu/privacy-statement.html
Art. 6(1) lit. a GDPR serves as the 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 party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. 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 were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been partially generated by the Privacy Policy Generator of the External Data Protection Officer from DGD Deutsche Gesellschaft für Datenschutz GmbH, which has been developed in cooperation with WILDE BEUGER SOLMECKE | Lawyers and the used hardware dealer RC GmbH.