We, DO & CO Allianz Arena München of DO & CO Hotel München GmbH (hereinafter: „the Allianz Arena", "we" or "us") take the protection of your personal data seriously and would like to inform you at this point about data protection in our online cake shop.
Within the scope of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "DS-GVO") in order to ensure the protection of personal data of the person affected by a processing operation (we also address you as a data subject hereinafter with "guest", "user", "you", "you" or "data subject").
Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes above all the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 DS-GVO). With this declaration (hereinafter: "data protection notice"), we inform you about the way in which your personal data is processed by us.
Our data protection notices have a modular structure. They consist of a general part for any processing of personal data and processing situations that come into play each time a website is called up (A. General) and a special part, the content of which relates in each case only to the processing situation specified there with the designation of the respective offer, in particular the visit to websites as detailed here (B. Visit to websites).
In order to be able to find the parts relevant to you, please note the following overview of the subdivision of the data protection notices:
Following the model of Art. 4 DS-GVO, this data protection notice is based on the following definitions:
- "Personal data" (Art. 4 No. 1 DS-GVO) means any information relating to an identified or identifiable natural person ("data subject"). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information regarding his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or audio recordings may also contain personal data).
- "Processing" (Art. 4 No. 2 GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes in particular the collection (i.e. obtaining), recording, organisation, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or intended purpose on which a data processing was originally based.
- "Controller" (Art. 4 No. 7 DS-GVO) means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
- "Third party" (Art. 4 No. 10 DS-GVO) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process the personal data; this also includes other group-affiliated legal entities.
- "Processor" (Art. 4 No. 8 DS-GVO) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service provider). In the sense of data protection law, a processor is in particular not a third party.
- "Consent" (Art. 4 No. 11 DS-GVO) of the data subject means any freely given, specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
(2) Name and address of the data controller
The controller of your personal data within the meaning of Art. 4 No. 7 DS-GVO is:
DO & CO Munich Ltd.
Tel: +49 (0) 89 32376-4300
For further information on our hotel, please refer to the imprint details on our website.
(3) Contact details of the data protection officer
For all questions and as a contact person on the subject of data protection with us, our company data protection officer is available to you at any time. His contact details are:
Hopfensack 6, 20457 Hamburg
(4) Legal bases for data processing
Any processing of personal data is only permitted if the data processing falls under one of the following justifications:
- Art. 6 (1) p. 1 lit. a DS-GVO ("consent"): if the data subject has voluntarily, in an informed manner and unambiguously indicated by a statement or other unambiguous affirmative act that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;
- Art. 6 para. 1 p. 1 lit. b DS-GVO: If the processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the data subject's request;
- Art. 6 para. 1 sentence 1 lit. c DS-GVO: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records); • Art. 6 para. 1 p. 1 lit. d DS-GVO: If the processing is necessary to protect vital interests of the data subject or another natural person;
- Art. 6 para. 1 p. 1 lit. e DS-GVO: If processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or • Art. 6 (1) p. 1 lit. f DS-GVO ("Legitimate Interests"): if the processing is necessary to protect the legitimate (in particular legal or economic) interests of the controller or a third party, unless the
conflicting interests or rights of the data subject override (in particular if the data subject is a minor).
For the processing operations we carry out, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.
(5) Data deletion and storage period
For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. If no explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on our servers in
Germany, subject to any transfer that may take place in accordance with the regulations in A.(7) and A.(8).
However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings or if storage is provided for by statutory regulations to which we are subject as the responsible party (e.g. § 257 HGB, § 147 AO). If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.
(6) Data security
We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties, taking into account the state of the art, implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with more detailed information on request. Please contact our data protection officer.
(7) Cooperation with processors
As with any larger company, we also use external domestic and foreign service providers to process our business transactions (e.g. for the areas of IT, logistics, telecommunications, sales and marketing). These service providers only act on our instructions and are contractually obliged to comply with the provisions of data protection law in accordance with Art. 28 DS-GVO.
If personal data from you is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.
(8) Conditions for the transfer of personal data to third countries
Within the scope of our business relationships, your personal data may be passed on to third party companies or disclosed to them. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing will only take place in order to fulfil contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer in the relevant places below.
The European Commission certifies data protection comparable to the EEA standard in some third countries by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: http://ec.europa.eu/justice/data-protection/ international-transfers/adequacy/index_en.html). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is sufficiently guaranteed. This is possible through binding company regulations, standard contractual clauses
of the European Commission for the protection of personal data, certificates or recognised codes of conduct. Please contact our Data Protection Officer if you would like more information on this.
(9) No automated decision making (including profiling)
We do not use the personal data we collect from you for any automated decision making process (including profiling).
(10) No obligation to provide personal data
Without prejudice to our obligation under A.(11) below, we do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. As a guest, you are under no general obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed of this separately.
(11) Legal obligation to provide certain data
We may, under certain circumstances, be subject to a specific legal or statutory obligation to provide the lawfully processed personal data to third parties, in particular public bodies (Art. 6 para. 1 p. 1 lit. c DS-GVO).
(12) Your rights
You can assert your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of A.(2). As a data subject, you have the right
- to request information about your data processed by us in accordance with Art. 15 DS-GVO. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
- in accordance with Art. 16 DS-GVO, to demand the correction of incorrect data or the completion of your data stored by us without delay;
- in accordance with Art. 17 DS-GVO, to request the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
- in accordance with Art. 18 DS-GVO, to request the restriction of the processing of your data, insofar as the accuracy of the data is disputed by you or the processing is unlawful; • pursuant to Art. 20 DS-GVO, to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller ("data portability");
- object to the processing in accordance with Art. 21 DS-GVO, insofar as the processing is based on Art. 6 (1) p. 1 lit. e or lit. f DS-GVO. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will examine the merits of the case and either discontinue or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;
- in accordance with Article 7(3) of the GDPR, to revoke your consent given once (including before the GDPR came into force, i.e. before 25.5.2018) - i.e. your voluntary will, made understandable in an informed manner and unambiguously by means of a declaration or other unambiguous confirmatory act, that you agree to the processing of the personal data concerned for one or more specific purposes - at any time vis-à-vis us, if you have given such consent. The
consequence of this is that we may no longer continue the data processing based on this consent in the future, and
- complain to a data protection supervisory authority about the processing of your personal data in our hotel in accordance with Art. 77 DS-GVO, such as the data protection supervisory authority responsible for us:
The Bavarian State Commissioner for Data Protection
P.O. Box 22 12 19, 80502 Munich
Tel: 089 212672-0 / Fax 089 212672-50
(13) Changes to the data protection information
In the context of the further development of data protection law as well as technological or organisational changes, our data protection information is regularly checked for the need to adapt or supplement it. You will be informed of any changes in particular on our German website at www.do&co-torten.com. This data protection notice is current as of February 2021.
B. Visiting websites
Information about our hotel and the services we offer can be found in particular at www.do&co-torten.com together with the associated sub-pages (hereinafter collectively referred to as "websites"). When you visit our websites, personal data may be processed.
(2) Processed personal data
During the informational use of the Websites, the following categories of personal data are collected, stored and processed by us:
"log data": When you visit our websites, a so-called protocol data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:
- the page from which the page was requested (so-called referrer URL)
- the name and URL of the requested page
- the date and time of the request
- the description of the type, language and version of the web browser used • the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established
- the amount of data transferred
- the operating system
- the message as to whether the request was successful (access status/ttp status code) • the GMT time zone difference
"Data from contact-generated e-mails": When contact forms are used, the data transmitted in this way is processed (e.g. gender, surname and first name, address, company, e-mail address and the time of transmission).
In addition to the purely informational use of our website, we reserve the right to offer a subscription to our newsletter in the future, with which we will inform you about current developments at the hotel and events. If you subscribe to our newsletter, the following "newsletter data" will be collected, stored and processed by us:
- the page from which the page was requested (so-called referrer URL)
- the date and time of the request
- the description of the type of web browser used
- the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established
- the e-mail address
- the date and time of registration and confirmation.
We would like to point out that we evaluate your user behaviour when sending the newsletter. For this evaluation, the e-mails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. For the evaluations, we link the aforementioned data and the web beacons with your e-mail address and an individual ID. Links contained in the newsletter also contain this ID. The data is only collected pseudonymously, i.e. the IDs are not linked with your other personal data, a direct personal reference is excluded.
(3) Purpose and legal basis of data processing
We process the personal data described in more detail above in accordance with the provisions of the DS-GVO, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) sentence 1 lit. f DS-GVO, the aforementioned purposes also represent our legitimate interests.
The processing of log data serves statistical purposes and to improve the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 p. 1 lit. f DS GVO).
Contact form data is processed for the purpose of handling guest enquiries (legal basis is Art. 6 para. 1 p. 1 lit. b or lit. f DS-GVO).
Newsletter data is processed for the purpose of sending the newsletter. When registering for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 para. 1 lit. a DS-GVO). We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration, we will send you an e-mail to the e-mail address you provided in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to verify your registration and, if necessary, to be able to clarify any possible misuse of your personal data. You can revoke your consent to receive the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter e mail, by e-mail to www.do&co-torten.com or by sending a message to the contact details given in the imprint.
(4) Duration of data processing
Third parties used by us will store your data on their system for as long as is necessary in connection with the provision of services for us in accordance with the respective order.
(5) Transfer of personal data to third parties; justification basis
The following categories of recipients, which are usually order processors (see A.(7)), may receive access to your personal data:
Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f DS-GVO, insofar as it is not a matter of order processors;
Government agencies/authorities, insofar as this is necessary for the fulfilment of a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. c DS-GVO; Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities). The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. b or lit. f DS-GVO.
For guarantees of an adequate level of data protection in the event of data transfer to third countries, see A.(8).
Furthermore, we will only pass on your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 (1) sentence 1 lit. a DS-GVO.
- a) Cookies
Cookies can contain data that make it possible to recognise the device used. In some cases, however, cookies only contain information on certain settings that cannot be related to a specific person. However, cookies cannot directly identify a user.
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is made between cookies:
- Technical cookies: these are essential to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which web pages you have visited;
- Performance cookies: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;
- Advertising cookies, targeting cookies: these are used to provide the website user with tailored advertising on the website or third party offers and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;
- Sharing cookies: these are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.
- c) Social media plugins
We do not use social media plugins on our websites. Insofar as our websites contain icons from social media providers, we only use these to passively link to the pages of the respective providers.
- d) Google Analytics
- e) Google Tag Manager
If you have consented, we use the Google Tag Manager from Google Inc. with which companies can manage website tags via an interface. The Google Tag Manager is a cookie-less domain that does not collect any personal data. The Google Tag Manager triggers other tags, which in turn may collect data. We would like to point this out separately. The Google Tag Manager does not access this data. If the user subsequently deactivates the tag at domain or cookie level, this deactivation will remain in effect for all tracking tags implemented with Google Tag Manager.
(6) Foreign language pages
Insofar as parts of the website are also offered in languages other than German, this is exclusively a service for our customers, interested parties and employees who do not speak German.