Pension am Heusteig

Data protection

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Responsible Authority

We are happy about you visiting our website. We would like to introduce you to the responsible authority in terms of data protection law as applicable:

BEN Hotelgesellschaft mbH

represented by the Manager

Alexander Benes

Philipp Benes

Uhlandstrasse 18

70182 Stuttgart

Phone: +49 711 210810

E-mail: datenschutz@ben-hotels.de

General Information

Pursuant to our statutory obligations, we would like to inform you about the collection and use of your personal data.

When you use our website, personal data about you will be collected. This may happen by you entering the data yourself, for example your e-mail address. But our system also collects your data automatically, for example whenever you visit our website. This happens irrespective of the device or the software that you use to visit our website.

All data that you enter in our app is provided voluntarily; there are no disadvantages to you if you do not provide data. But without certain data, we are unable to provide services or to conclude contracts. Whenever such information is necessary, we will point it out to you.

On this website, the user’s personal data is only collected within the framework of the existing data-protection law, in particular the General Data Protection Regulation (GDPR). The legal terms used in the text are defined in Art. 4 of the GDPR.

The GDPR allows data processing in three cases in particular:

in accordance with Art. 6 para. 1 (a) and 7 GDPR, when you have consented to us processing your data; in this Privacy Policy and in the cases of consent pursuant to Art. 4 no. 11 GDPR, we will inform you in detail and each time for what purposes and under what circumstances your data will be processed by us;

in accordance with Art. 6 para. 1 (b) GDPR, when processing your personal data is necessary for negotiating, concluding or performing a contract;

in accordance with Art. 6 para. 1 (f) GDPR, if the balancing of interests leads to the conclusion that the processing is necessary to protect our legitimate interests; this means in particular our interests to analyse, optimise and secure the offers on our website – meaning primarily the analysis of user behaviour, setting up profiles for advertisement purposes and storage of access data as well as the use of third-party providers.

Inventory Data

We collect inventory data as far as it is necessary to establish, negotiate or amend a contract (including one without remuneration) between us and the user. This can be: customer data (for example name, address), contact data (for example e-mail address, phone number), service data (for example services ordered, duration, payment). Upon establishing the user relationship, we will ask you for this data (for example name, address and e-mail address) and will also tell you which of the information is required to establish the user relationship.

Usage Data

We also collect usage data to allow users to use the services on our website. These may consist of: usage information (for example visited websites or parts, duration of visit, interest in services), content data (for example data, text, images, sounds, videos entered or uploaded by you), meta data (for example identity of your device, location, IP address).

We will only combine usage data if and insofar as it is necessary for billing purposes. Otherwise, we will only put together usage data pseudonymously and only insofar as you have not objected. You may send this objection to the address indicated in the “About Us” section or the responsible authority indicated in this Privacy Policy at any time.

The legal basis for this data processing are our legitimate interests pursuant to Art. 6 para. 1 (f) GDPR in analysing the website and your use, possibly also the statutory permission to store data as part of the negotiation of a contract pursuant to Art. 6 para. 1 (b) GDPR.

Furthermore, our provider stores information, the so-called server log files, each time the website is used; this is information which is automatically transferred by your browser. In detail, this data consists of:

your IP address

type and version of your browser

host name

time of visit

the page from which you came to our page

name of the page opened

exact time of usage as well as

the amount of data transferred

This data will only be used for statistical purposes and do not allow us to identify you as a user.

Advertisements

Before sending you advertisements, we will ask for your explicit consent pursuant to Art. 4 no. 11 GDPR, except in cases of advertisements for similar products to the one you already acquired. This will happen in particular when you grant us consent to mail our newsletter or when you fill out a contact form. You may withdraw your consent at any time in accordance with the subsequent section “Consent”.

INSOFAR AS WE USE YOUR PERSONAL DATA FOR DIRECT MARKETING, YOU MAY ALSO OBJECT TO THE USE OF YOUR DATA FOR THAT PURPOSE AT ANY TIME. THIS MAY BE DONE THROUGH ANY OF OUR MEANS OF CONTACT, PARTICULARLY BY E-MAIL TO THE E-MAIL ADDRESS LISTED IN THE “LEGAL NOTICE” SECTION WITHOUT ANY FORMAL REQUIREMENTS. WE WILL THEN NO LONGER USE YOUR DATA FOR DIRECT MARKETING.

First Contact through Electronic Request

If you contact us in electronic form (for example by mail, fax, phone, messenger, etc.), we store and process the data which you have given us (for example name, contact information, content of the request). This is based on our legitimate interest in an effective communication with customers in accordance with Article 6 para. 1 (a) GDPR and, as far as it concerns a request to enter into or to perform a contract, also with Article 6 para. 1 (b) GDPR.

We will only pass on this data to third parties as far as required for the performance of the contract (in accordance with Article 6 para. 1 (b) GDPR), by the overwhelming interest in effective services (in accordance with Article 6 para. 1 (f) GDPR) or based on your consent (in accordance with Article 6 para. 1 (a) GDPR) or if there is another legal permission or obligation.

You may ask us at any time and without any cost to provide information about the purpose of the processing, the origin and the recipient, if any, of your data. You may also request that we correct, delete or limit the processing of your personal data. You may object against the (further) processing of your data at any time and you have a right for the data to be made transferable as well as the right to file a complaint with the competent supervisory agency.

In general, your data will only remain stored as long as required by the purpose of the respective data processing. A longer storage is an option, in particular when required in order to pursue our rights, for other legitimate interests of ours or when there is a statutory duty to keep the data longer (for example record-keeping under tax law, statute of limitations).

Consent

Whenever we ask you for your consent for the processing of your data, we will inform you in clear language and in an easily accessible way about the cases for which you will be granting your consent. Any consent that we ask you for is voluntary. Any advantage that you wish to gain by granting consent is also available without consent; simply ask us.

Regarding any consent, you have the right to revoke any consent given to us for the processing of your personal data at any time. You just need to contact us without any particular formal requirement, for example through our contact form, an e-mail to the e-mail address indicated in the “About Us” section or a link to unsubscribe (if offered by us). Your withdrawal has no effect on the legality of the data processing carried out up to that point.

Storage Period

Generally, your data will only remain stored as long as required by the purpose of the respective data processing. Storage beyond that is possible in particular if it is still required for pursuing our rights or for other legitimate interests of ours.

For your inventory data which were necessary to perform a contract (including one without remuneration), this means that we store this data until the complete performance or termination of the contractual relationship plus the limitation period (which is generally 2 or 3 years) plus an adequate extra time for potential interruptions of the limitation period.

For your usage data which was collected in the course of your use of the website, this means that we will store it only for the time still required for the proper functionality of our website and as long as we still have a legitimate interest. Statistical information will be primarily stored by us in pseudonymous form.

Beyond that, we still store your data for as long as we are required to do so by law. This concerns in particular the tax-law requirements to keep records, usually for 6 or even 10 years.

Transfer of data

Transfer to Third Parties

We dislike spam as much as you do. We will therefore not transfer your data to third parties, unless permitted by law.

Transfer of customer data may either

be required for the performance of a contract and in that case be permitted according to Art. 6 para. 1 (b) GDPR, or

be permitted based on our legitimate interest in an effective service structure pursuant to Art. 6 para. 1 (f) GDPR, or

covered by your consent pursuant to Art. 6 para. 1 (a) GDPR, or

become necessary if we will be legitimately asked by a government or an agency to hand over your data pursuant to Art. 6 para. 1 (c) GDPR.

If your data are transferred to third parties, this is mentioned in this privacy policy.

Transfer to other countries, particularly USA

Our website uses external providers located outside of the EU for different features. In particular, the use of cookies, active Java scripts and other technology can lead to processing and storage of your data outside of the EU. But we will not transfer your data to a third country, unless the EU Commission has determined that there is a similar level of data protection as in the EU or unless you have provided us with your informed consent or we have agreed on the standard contractual clauses for the protection of your data with the provider.

Users‘ Rights

You may request us anytime to provide information about the personal data stored about you free of charge. To avoid misuse, this will require personal identification.

Deletion, Correction, Limitation

You may at any time demand from us that we correct (or complete) incorrect data as well as a limitation of the processing of data or deletion of your data. This applies in particular if the reason for processing the data is no longer valid, if a required consent has been revoked and there is no other legal basis or if our data processing is unlawful. We will then correct, block or even delete your personal data without delay as far as permitted by law.

Objection

The right to object to advertisement is governed by our text regarding consent:

Data Transfer

You may request us to transfer the data stored about you in machine-readable form.

Complaint

If you feel that our data processing has violated any of your rights, you may file a complaint with the competent regulatory agency (here you find a list of the agencies).

Changes to the Privacy Policy

If and when factual or legal reasons will compel us to amend the Privacy Policy, we will update this page accordingly. This will not change the consent provided by the user.

Data Entry

Encryption of Data Entry

When you enter data on our website, whether in a contact form, during the registration process, when you log in or for payment purposes, the website, where you enter the data, is encrypted. Thus, third parties can not read what you enter. You will recognise the encryption by the lock symbol in your browser and by the URL beginning with “https“ instead of “http“.

Contact Forms

General contact form

When you fill out a contact form or when you send us an e-mail or another electronic message, your information will be stored for the processing of the request, for possible follow-up questions or for other related questions and will only be used to follow up with the request.

Your data will be transferred in an encrypted manner, preventing third parties from reading your data while it is being entered.

Basis for this storage is the safeguarding of our legitimate interests in regard to communication with interested users pursuant to Art. 6 para. 1 (f) GDPR and in the case of inquiries prior to entering into a contract also the performance of a contract pursuant to Art. 6 para (b) GDPR.

Your data remains stored for as long as the processing of the request requires, in particular as long as the storage is still necessary to perform the contract, to pursue our rights or for our other legitimate interests or we are compelled by law to keep your data stored (for example based on tax-law requirements to maintain files).

Offer

On our website, you find a contact form, through which you may request a specific offer for our goods and services. We will ask for for the necessary data as in the form, so we can prepare the offer.

Your data will be entered in an encrypted manner, so that third parties cannot read your data while being entered.

The legal basis for this storage is our legitimate interest in communication with interested users in accordance with Art. 6 para. 1 (f) GDPR and in case of contractual requests also the storage of contractual data in accordance with Art. 6 para. 1 (b) GDPR.

These data remain saved until you will terminate your access by sending an e-mail to the e-mail address listed in the "About Us" section. After that, they will remain stored in connection with the necessary performance of the contract (see the section on user/contract data).

Return Call

On our service page, you can ask for a call from one of our customer service agents.

We will ask for

– your first name, because we like to address your personally,

– your phone number, so we can call you, and

– your e-mail address, because we will e-mail you to confirm your request.

Your data will be entered in an encrypted manner, so that third parties cannot read your data while being entered.

We will only use this data for your specific request and will save it for 6 months after the request has been completed, so we can refer to the results already achieved in the case of subsequent service requests.

Google

Google Analytics 4

This helps to analyse the use of websites. In that process, the data can be turned into pseudonymous user profiles. Google uses different technologies for that purpose, which are based on algorithms, also it is possible, that Cookies are used. Google uses a pseudonymous number for each user of our website. Pseudonym means that neither name nor e-mail address nor other data that clearly identifies the user are used. The number is then used to analyse how the individual user uses our online offering. The date and time of use as well as page views, scrolls to the end of the page, clicks on external links, website searches, viewing of an embedded YouTube video and file downloads are also analysed.

Google may transfer the collected data to countries outside of the EU, in particular to the USA. We have concluded a data-processing agreement with Google, according to which Google will only process your information in accordance with our instructions. This data-processing agreement also states that Google may only transfer the data to the USA within the framework of the standard contractual clauses, see the Google Ads Data Processing Terms for further information. The Google Ads Data Processing Terms are available here: https://business.safety.google/adsprocessorterms/.

Furthermore this provider is certified according to the EU-US Data Privacy Framework. This means that the transfer of data to the USA is possible in a legally secure manner on the basis of the adequacy decision concluded on 10.07.2023.

Google will automatically anonymize your IP address, which means that information won't be stored on their hard disk. To ensure an adequate protection of your data, we have also concluded a data-processing agreement with Google, according to which Google will not combine your information with other data collected by Google with the goal of determining your identity.

If you don't find this sufficient, you can also use the link http://tools.google.com/dlpage/gaoptout?hl=de to download and install Google's browser plugin to block Google Analytics, which will prevent Google from collecting and passing on your personal data.

You can also prevent being analysed by Google Analytics by using the following link: Deactivate Google Analytics to place an opt-out cookie, which will also prevent the data from being collected.

If you want to read about Google's privacy policy, please use the following link https://www.google.de/intl/de/policies/privacy/.

Google Tag Manager

With the Google Tag Manager, marketers can use an interface to administer website tags. The Tag Manager itself, which places the tags, works without cookies and collects no personal data. The Tag Manager only activates other tags, which may in turn collect data. About these third-party providers, you will find the respective declarations in this Privacy Policy. The Google Tag Manager does not use this data. If you have deactivated cookies, it will be respected for all tracking tags that were placed with the Google Tag Manager, so the tool does not change your cookie preferences.

Google may ask you for permission to pass on some product data (e.g. your contact information) to other google products in order to activate certain features, e.g. adding new conversion-tracking tags to simplify AdWords. Google's developers will also check the information about the usage of the product from time to time, in order to further improve the product. But Google will never pass on such data to other Google products without your consent.

When using this provider, it may happen that your data is transferred to the USA. However, we have ensured that your data is only transferred to the USA on the basis of a contract in accordance with the standard contractual clauses. Furthermore this provider is certified according to the EU-US Data Privacy Framework. This means that the transfer of data to the USA is possible in a legally secure manner on the basis of the adequacy decision concluded on 10.07.2023.

We have concluded an data processing agreement with this provider, according to which this provider will only process your data on our behalf within the scope of the GDPR and according to our instructions see the Google Ads Data Processing Terms for further information. The Google Ads Data Processing Terms are available here: https://business.safety.google/adsprocessorterms/.

Further information can be found in the user guidelines of Google and the privacy policy of Google for this product.

Google Optimizer

Based on our legitimate interest in a technologically perfect online offering and its design and optimisation in an economically efficient manner pursuant to Art. 6 para. 1 (f) GDPR, we use the service Google Optimizer, provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland. This allows us to carry out split tests with our websites in order to analyse how changes will affect them. For these tests, Google uses cookies. But the data will only be collected in a pseudonymised form.

The anonymized data may be forwarded to the USA and stored by Google. However, we have ensured that your data is only transferred to the USA on the basis of a contract in accordance with the standard contractual clauses. Furthermore this provider is certified according to the EU-US Data Privacy Framework. This means that the transfer of data to the USA is possible in a legally secure manner on the basis of the adequacy decision concluded on 10.07.2023.

Google AdSense

Based on our legitimate interest in a technologically perfect online offering and its design and optimisation in an economically efficient manner pursuant to Art. 6 para. 1 (f) GDPR, we also use Google AdSense. This is a web analysis service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland.

The analysis is enabled through so-called cookies and web beacons. Cookies are text files which are stored on your computer and allow the website's usage to be analysed. Web beacons are invisible graphic files, allowing information about the user traffic on the website to be compiled. All information about the use of the website as well as regarding advertisement formats that include your IP address will be sent to Google Inc. and stored there. Contracting partners of Google Inc. may obtain access to this information. The IP address ascertained by Google AdSense will not be combined with other data of Google.

The anonymized data may be forwarded to the USA and stored by Google. We have concluded an agreement with Google, according to which Google only processes your data according to our instructions. This agreement ensures, that your data will be transferred to the US solely on the base of the standard contractual clauses, see the Google Ads Controller-Controller Data Protection Terms for further information. The Google Ads Controller-Controller Data Protection Terms are available here: https://business.safety.google/adscontrollerterms/

If you do not want any cookies to be stored on your computer, you can change the relevant preferences in your browser (on cookies, see the general part of this declaration). This may however limit the functionality of our pages. By using the website, you consent to the collection of the aforementioned information in the described manner. By using the website, you further agree to the transfer of the information to Google Inc. for the purpose described above.

Google Ads

With this system we can advertise in the Google ads network, which will be displayed on other websites, search results or other places on the internet. With Google Ads our ads will be primarily shown to users, who are most likely interested in them. This allows us, to market more specific. Google uses a Cookie to display the ads based on the interests of the user. The Cookie will be read by “web beacons” on the Website of the Google ads network.

The Cookies contain data about technical specifications of your system, the websites visited, the interests shown and which ads were clicked.

At the same time we have a „Conversion Cookie“. With it Google shows us anonymize statstics without personal data. It is just about how often our ads were clicked.

Also Google will use all data out of these Cookies just in a pseudonymized way, without being able, to follow your actions individually. The data is just analysed concerning the cookie itself, otherwise only, if you have given Google your specific consent to use the data with respect to you individually.

The data collected by Google may be transferred by Google to countries outside of the EU, in particular to the USA. We have concluded a data processing agreement with Google, according to which Google only processes your data according to our instructions. This agreement ensures, that your data will be transferred to the US solely on the base of the standard contractual clauses, see the Google Ads Data Processing Terms for further information. The Google Ads Data Processing Terms are available here: https://business.safety.google/adsprocessorterms/.

As we have already explained about cookies in general in our Privacy Policy, you can prevent the saving of cookies through the relevant preferences in your browser, but this may limit the functionality of our website.

Alternatively, you can use your browser to deactivate only interest-targeted ads on Google as well as interest-targeted Google ads on the web. To do this, you have to go to http://www.google.de/settings/ads and activate the “Off” button or use the deactivation at https://myaccount.google.com/privacycheckup?. Further information about your preference options regarding this issue and the data protection of Google can be found at https://www.google.de/intl/en/policies/privacy/?fg=1.

For the general approach to cookies and their deactivation as well as regarding the passing of data to third parties, particularly to the USA, we refer you to our general information in this Privacy Policy. This provider is certified according to the EU-US Data Privacy Framework. This means that the transfer of data to the USA is possible in a legally secure manner on the basis of the adequacy decision concluded on 10.07.2023.

You will find more information about Google’s precautions regarding data protection at the following link: https://www.google.de/intl/en/policies/privacy/.

Google Ads Conversion Tracking

Based on our legitimate interest in a technologically perfect online offering and its design and optimisation in an economically efficient manner pursuant to Art. 6 para. 1 (f) GDPR, we additionally to Google Ads we use the Google Ads Conversion Tracking, to track the result of our ads and to allow us to display ads based on the interest of the user.

If you perform certain actions on our Website – as ordering something, send a contact form or order out Newsletter – will this Conversion send to Google. Google can therewith measure the numbers of conversions. Additionally Google will be able to identify the cookie saved by Google on your Computer by Google before and can see, on which ads you have clicked before.

If you do not wish to be tracked, you can use the Google Ad Manager https://www.google.com/settings/u/0/ads/authenticated to modify your settings or even deactivate your Google Ads entirely. Additionally we refer for further settings and deactivation-measures to our general information in this Privacy Policy and especially for Google Ads.

Google remarketing and similar target groups

This technology applied through cookies allows Google to present you targeted ads based on previously visited websites. Thus, we can better approach users of our website with ads. When you visit our page, a cookie will be placed in your browser, unless you have objected to the use of cookies when you opened our page.

The cookie is a small file with a number code, with which your visit of the website and anonymised data about your use of the website are collected. When it is transmitted to Google, your IP address will be shortened and thus anonymised. Your personal data will neither be stored, nor connected with other data by Google.

The anonymized data may be forwarded to the USA and stored by Google. However, we have ensured that your data is only transferred to the USA on the basis of a contract in accordance with the standard contractual clauses. According to the GDPR and the EuGH, this is a legal basis for the transfer of data to the USA. Furthermore this provider is certified according to the EU-US Data Privacy Framework. This means that the transfer of data to the USA is possible in a legally secure manner on the basis of the adequacy decision concluded on 10.07.2023.

If you visit other websites after ours and these other websites are also part of the Google Display network, you will probably be shown interest-targeted ads on the basis of the websites previously visited by you.

You can perpetually prevent the saving of cookies by Google in your browser by downloading and installing the plugin linked to hereinafter.

https://www.google.com/settings/ads/plugin?hl=de

You can also prevent the use of cookies by third-party providers by declaring your opt-out on the deactivation page of the Network Advertising Initiative, following the instructions there: http://www.networkadvertising.org/choices/

Further information about Google's remarketing service and Google's privacy policy can be found at http://www.google.com/privacy/ads/.

Map services

OpenStreetMap

Based on your consent pursuant to Art.6 para. 1 (a) GDPR, we use the HTMP geo-location API provided by the open-source OpenStreetMap Foundation, 132 Maney Hill Road, Sutton Coldfield, West Midlands, B72 1JU, UK, to use your location for location-specific offers.

If you use the location detection function via HTML5 geolocation API, the OpenStreetMap API transmits the location data you entered to the OpenStreetMap search engine, which determines the coordinates of your current location and converts it into an address. However, your IP address will not be transmitted.

Further information about the use of your data by OpenStreetMap can be found in the privacy policy of OpenStreetMap https://wiki.osmfoundation.org/wiki/Privacy_Policy. Your data will only be used there in anonymous form.

If you don't want your data to be transmitted, you don't need to activate the location data.

Payment providers

Stripe

If you choose one of the payment options of our partner Stripe, provided by Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, the data entered by you when ordering will be sent to Stripe in order to facilitate the contractual payment. Detailed information about this can be found in the privacy policy of Stripe:

https://stripe.com/privacy

The legal basis for passing on your data to Stripe is primarily the processing of your contractual data according to Art. 6 para. 1 (b) GDPR as well as our legitimate interest in a technologically perfect online offering and its design and optimisation in an economically efficient manner pursuant to Art. 6 para. 1 (f) GDPR.

Online Booking Provider

Viato

In order to enable you to book a room via our homepage, an online booking system, Viato CBE, is integrated into our website. The provider of this system is Viato GmbH. The information you provide will only be processed to provide our contractual services and will of course be treated confidentially.

This is our current valid privacy policy from 17.01.2025

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