1. Introduction
In the following, we provide information about the collection of personal data when using• our website https://blackproperty.de
Personal data is any data that can be related to a specific natural person, such as their name or IP address.
1.1. Contact details
The controller within the meaning of Art. 4 para. 7 EU General Data Protection Regulation (GDPR) is Black Property GmbH, Immermannstr. 7, 40210 Düsseldorf, Germany, email: info@blackproperty.de. We are legally represented by Kevin Kempe, Maik Kempe, Lawrence D.
1.2. Scope of data processing, processing purposes and legal basesWe detail the scope of data processing, processing purposes and legal bases below. In principle, the following come into consideration as the legal basis for data processing:
• Art. 6 para. 1 s. 1 it. a GDPR serves as our legal basis for processing operations for which we obtain consent.
• Art. 6 para. 1 s. 1 lit. b GDPR is the legal basis insofar as the processing of personal data is necessary for the performance of a contract, e.g. if a site visitor purchases a product from us or we perform a service for him. This legal basis also applies to processing that is necessary for pre-contractual measures, such as in the case of inquiries about our products or services.
• Art. 6 para. 1 s. 1 lit. c GDPR applies if we fulfill a legal obligation by processing personal data, as may be the case, for example, in tax law.
• Art. 6 para. 1 s. 1 lit. f GDPR serves as the legal basis when we can rely on legitimate interests to process personal data, e.g. for cookies that are necessary for the technical operation of our website.
1.3. Data processing outside the EEA
Insofar as we transfer data to service providers or other third parties outside the EEA, the security of the data during the transfer is guaranteed by adequacy decisions of the EU Commission, insofar as they exist (e.g. for Great Britain, Canada and Israel) (Art. 45 para. 3 GDPR).
If no adequacy decision exists (e.g. for the USA), the legal basis for the data transfer are usually, i.e. unless we indicate otherwise, standard contractual clauses. These are a set of rules adopted by the EU Commission and are part of the contract with the respective third party. According to Art. 46 para. 2 lit. b GDPR, they ensure the security of the data transfer. Many of the providers have given contractual guarantees that go beyond the standard contractual clauses to protect the data. These include, for example, guarantees regarding the encryption of data or regarding an obligation on the part of the third party to notify data subjects if law enforcement agencies wish to access the respective data.
1.4. Storage duration
Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and no legal obligations to retain data conflict with the deletion. If the data are not deleted because they are required for other and legally permissible purposes, their processing is restricted, i.e. the data are blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
1.5. Rights of data subjects
Data subjects have the following rights against us with regard to their personal data:
• Right of access
• Right to correction or deletion
• Right to limit processing
• Right to object to the processing
• Right to data transferability
• Right to revoke a given consent at any time.
Data subjects also have the right to complain to a data protection supervisory authority about the processing of their personal data. Contact details of the data protection supervisory authorities are available at https://www.bfdi.bund.de/EN/Service/Anschriften/Laender/Laender-node.html.
1.6. Obligation to provide data
Within the scope of the business or other relationship, customers, prospective customers or third parties need to provide us with personal data that is necessary for the establishment, execution and termination of a business or other relationship or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude the contract or to provide a service or will no longer be able to perform an existing contract or other relationship.Mandatory data are marked as such.
1.7. No automatic decision making in individual cases
As a matter of principle, we do not use a fully automated decision-making process in accordance with article 22 GDPR to establish and implement the business or other relationship. Should we use these procedures in individual cases, we will inform of this separately if this is required by law.
1.8. Making contact
When contacting us, e.g. by e-mail or telephone, the data provided to us (e.g. names and e-mail addresses) will be stored by us in order to answer questions. The legal basis for the processing is our legitimate interest (Art. 6 para. 1 s. 1 lit. f GDPR) to answer inquiries directed to us. We delete the data accruing in this context after the storage is no longer necessary or restrict the processing if there are legal retention obligations.
1.9. Customer surveys
From time to time, we conduct customer surveys to get to know our customers and their wishes better. In doing so, we collect the data requested in each case. It is our legitimate interest to get to know our customers and their wishes better, so that the legal basis for the associated data processing is Art. 6 para. 1 s. 1 lit f GDPR. We delete the data when the results of the surveys have been evaluated.
2. Newsletter
We reserve the right to inform customers who have already used services from us or purchased goods from time to time by e-mail or other means electronically about our offers, if they have not objected to this. The legal basis for this data processing is Art. 6 para. 1 s. 1 lit. f GDPR. Our legitimate interest is to conduct direct advertising (recital 47 GDPR). Customers can object to the use of their e-mail address for advertising purposes at any time without incurring additional costs, for example via the link at the end of each e-mail or by sending an e-mail to our above-mentioned e-mail address.Based on the consent of the recipients (Art. 6 para. 1 s. 1 lit. a GDPR), we also measure the opening and click-through rate of our newsletters to understand what is relevant for our audience.
We send newsletters with the tools
• WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (privacy policy: https://www.whatsapp.com/legal/updates/privacy-policy-eea?lang=en). The provider processes content, usage, meta/communication data and contact data in the USA.
3. Data processing on our website
3.1. Informative use of our website
During the informative use of the website, i.e. when site visitors do not separately transmit information to us, we collect the personal data that the browser transmits to our server in order to ensure the stability and security of our website. This is our legitimate interest, so that the legal basis is Art. 6 para. 1 s. 1 lit. f GDPR.
These data are:
• IP address
• Date and time of the request
• Time zone difference to Greenwich Mean Time (GMT)
• Content of the request (specific page)
• Access status/HTTP status code
• Amount of data transferred in each case
• Website from which the request comes
• Browser
• Operating system and its interface
• Language and version of the browser software.
This data is also stored in log files. They are deleted when their storage is no longer necessary, at the latest after 14 days.
4. Web hosting and provision of the website
Our website is hosted by Webflow. Webflow, Inc. is an American company, based in San Francisco, that provides software as a service for website building and hosting.
This Policy governs how Webflow processes the Personal Information of individuals located in the United Kingdom ("UK"), European Union (“EU”), European Economic Area (“EEA”), and Switzerland (collectively, the “Data Subjects”) that are visiting our website, www.blkhostel.de, and the other websites under the blkhostel.de domain (collectively, the “Sites”), or are Customers who use our SaaS product, web design software, tools, and related services (together with the Sites, the “Platform”). More information can be found on provider's policy page- https://webflow.com/legal/eu-privacy-policy
It is our legitimate interest to provide a website, so the legal basis of the described data processing is Art. 6 para. 1 s. 1 lit. f GDPR.
The legal basis of the transfer to a country outside the EEA are standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed by standard data protection clauses (Art. 46 para. 2 lit. c GDPR) adopted by the EU Commission in accordance with the examination procedure under Art. 93 para. 2 of the GDPR, which we have agreed to with the provider.
We use the content delivery network from webflow. More information on provider's page. https://webflow.com/glossary/ssl-cdn
5. Bookings via the website
Users can make bookings via our website. In doing so, we process the following personal data as part of the booking process:
• IP-address
• Name
• E-mail address
• Phone number
• Address
• Company name (if applicable)
• Date of birth
• Nationality
• Gender
• Date of arrival and expected departure
• Number of accompanying persons and their nationality
• Identity document
The data is processed to fulfill the contract concluded with the respective guest (Art. 6 para. 1 p. 1 lit. b GDPR) as well as to comply with applicable legal requirements (Art. 6 para. 1. p. 1 lit. c GDPR in connection with §29 ff. BMG).
We use Autohost for the verification of identities. More information about the providers can be found under paragraph 3.7. of this policy. For the verification of the ID, the following personal data is processed: First and last name, E-Mail address, information about the guest's stay, ID.
We are obliged according to § 30 paragraph 4 BMG to keep the data for one year from the date of departure of the accommodated person and to destroy it within three months after the expiry of the retention period.
6. Payment processors
For the processing of payments, we use payment processors who are themselves data controllers within the meaning of Art. 4 No. 7 GDPR. Insofar as they receive data and payment data entered by us in the ordering process, we thereby fulfill the contract concluded with our customers (Art. 6 para. 1 s. 1 lit. b GDPR).
These payment processors are:
• American Express Europe S.A.
• Klarna Bank AB (publ), Sweden (for "Klarna auf Rechnung")
• Mastercard Europe SA, Belgium
• PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxemburg
• Visa Europe Services Inc., Great Britain
• Stripe Payments Europe, Ltd., Irlanda (“Stripe”)
7. Technically necessary cookies
Our website sets cookies. Cookies are small text files that are stored in the web browser on the end device of a site visitor. Cookies help to make the offer more user-friendly, effective and secure. Insofar as these cookies are necessary for the operation of our website or its functions (hereinafter "Technically Necessary Cookies"), the legal basis for the associated data processing is Art. 6 para. 1 s. 1 lit. f GDPR. We have a legitimate interest in providing customers and other site visitors with a functional website.
Specifically, we set technically necessary cookies for the following purpose or purposes:
• Cookies that store language settings
• Cookies that store the shopping cart
• Cookies that store log-in data
• Cookies that payment providers set for payment processing and do not analyse user behaviour
• Flash cookies that are set to play media content
8. Salto Systems
We use Salto Systems to provide electronic locks in some of our properties. The provider is Salto Systems S.L. The provider processes the guest’s name in the EU. The legal basis for the processing is Art. 6 para. 1 s. 1 lit. f GDPR. We have a legitimate interest in providing our guests with an easy digital system for the locks. The data will be deleted when the purpose for which it was collected no longer applies and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://saltosystems.com/de-de/rechtliche-hinweise/.
9. Autohost
We use Autohost to verify identities. The provider is Autohost, 60 Atlantic Ave Ste 200, Toronto, Ontario, M6K 1X9, Canada. The provider processes contact data (e.g. e-mail addresses, telephone numbers), meta/communication data (e.g. device information, IP addresses), and master data (e.g. names, addresses).The legal basis for the processing is Art. 6 para. 1 s. 1 lit. a GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis for the transfer to a country outside the EEA are standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed by standard data protection clauses (Art. 46 para. 2 lit. c GDPR) adopted by the EU Commission in accordance with the examination procedure under Art. 93 para. 2 of the GDPR, which we have agreed to with the provider.The data will be deleted when the purpose for which it was collected no longer applies and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://www.autohost.ai/privacy/.
10. Google Maps Platform
We use Google maps to display maps on our website.
The legal basis for the processing is Art. 6 para. 1 s. 1 lit. a GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis for the transfer to a country outside the EEA are standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed by standard data protection clauses (Art. 46 para. 2 lit. c GDPR) adopted by the EU Commission in accordance with the examination procedure under Art. 93 para. 2 of the GDPR, which we have agreed to with the provider.
11. Mews
We use Mews for the management of property and guest data. The provider is Mews Systems, TNW City, Singel 542 1017 AZ Amsterdam. The provider processes master data (e.g. name, email address, information about the stay) in the EU.The legal basis of the processing is Art. 6 para. 1 p. 1 lit. f GDPR. We have a legitimate interest in managing our house and guest data in order to offer our services.The data will be deleted when the purpose of its collection has ceased to apply and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://app.mews.com/Platform/Document/PrivacyPolicy.
12. Operto
We use Operto to automate check-in processes. The provider is Operto Guest Technologies, 200 Granville St, Vancouver, BC V6C 1S4, Canada. The provider processes master data (such as name, email address, address, ID card) and meta/communication data (e.g. device information, IP addresses) in the EU.The legal basis of the processing is Art. 6 para. 1 p. 1 lit. f GDPR. We have a legitimate interest in offering our guests a smooth online check-in as part of our services.The data will be deleted when the purpose of its collection has ceased to apply and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://operto.com/company/privacy-europe-eng/.
13. Siteminder Distribution Limited
We use Siteminder Distribution to manage bookings on our website. The provider is SiteMinder Limited ACN 121 931 744 of Bond Store 3, 30 Windmill Street, Millers Point, NSW 2000, Australia. The provider processes master data (such as name, email address, address, ID card, bookings) and meta/communication data (e.g. device information, IP addresses) in the EU.The legal basis of the processing is Art. 6 para. 1 p. 1 lit. f GDPR. We have a legitimate interest in managing our house and guest data in order to provide our services.The data will be deleted when the purpose of its collection has ceased to apply and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://www.siteminder.com/legal/privacy/.
14. WhatsApp
We use WhatsApp to communicate with guests. The provider is WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The provider processes communication data (telephone number, name, messages) in the USA.The legal basis of the processing is Art. 6 para. 1 p. 1 lit. a GDPR.
The processing is based on consent. Data subjects can revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.The data will be deleted when the purpose of its collection has ceased to apply and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://www.whatsapp.com/legal/updates/privacy-policy-eea?lang=en.
15. Black Property GmbH subsidiaries
The personal data of our guests collected during the booking process is transferred to the relevant local Black Property GmbH subsidiary in the country where the accommodation booked by the guest is located.
A list of all relevant Black Property GmbH subsidiaries can be found here. The legal basis for the processing of the data by the relevant Black Property GmbH subsidiary in each case is Art. 6 para. 1 lit. b) GDPR, as this is necessary for the performance of the accommodation contract. All subsidiaries have concluded a data processing agreement with us on the use of the booking platform operated by Black Property GmbH in accordance with Art. 28 GDPR.
16. Data processing on social media platforms
We are represented in social media networks in order to present our organization and our services there. The operators of these networks regularly process their users' data for advertising purposes. Among other things, they create user profiles from their online behavior, which are used, for example, to show advertising on the pages of the networks and elsewhere on the Internet that corresponds to the interests of the users. To this end, the operators of the networks store information on user behavior in cookies on the users' computers. Furthermore, it cannot be ruled out that the operators merge this information with other data. Users can obtain further information and instructions on how to object to processing by the site operators in the data protection declarations of the respective operators listed below. It is also possible that the operators or their servers are located in non-EU countries, so that they process data there. This may result in risks for users, e.g. because it is more difficult to enforce their rights or because government agencies access the data.
If users of the networks contact us via our profiles, we process the data provided to us in order to respond to the inquiries. This is our legitimate interest, so that the legal basis is Art. 6 para. 1 s. 1 lit. f GDPR.
17. Facebook
We maintain a profile on Facebook. The operator is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The privacy policy is available here: https://www.facebook.com/policy.php. A possibility to object to data processing arises via settings for advertisements: https://www.facebook.com/settings?tab=ads.We are joint controllers for processing the data of visitors to our profile on the basis of an agreement within the meaning of Art. 26 GDPR with Facebook. Facebook explains exactly what data is processed at https://www.facebook.com/legal/terms/information_about_page_insights_data. Data subjects can exercise their rights both against us and against Facebook. However, according to our agreement with Facebook, we are obliged to forward requests to Facebook. Data subjects will therefore receive a faster response if they contact Facebook directly.
18. Instagram
We maintain a profile on Instagram. The operator is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The privacy policy is available here: https://help.instagram.com/519522125107875.
19. YouTube
We maintain a profile on YouTube. The operator is Google Ireland Limited Gordon House, Barrow Street Dublin 4. Ireland. The privacy policy is available here: https://policies.google.com/privacy?hl=de.
20. Twitter
We maintain a profile on Twitter. The operator is Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. The privacy policy is available here: https://twitter.com/de/privacy. One way to object to data processing is via the settings for advertisements: https://twitter.com/personalization.
21. LinkedIn
We maintain a profile on LinkedIn. The operator is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. The privacy policy is available here: https://https://www.linkedin.com/legal/privacy-policy?_l=de_DE. One way to object to data processing is via the settings for advertisements: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
22. Xing7. Account deletion within the app
Customers have the autonomy to delete their profiles within the app with a simple and user-friendly process. To initiate account deletion, they can follow these steps:
• Log in to the app using their credentials.
• Navigate to the 'My Profile' tab within the app.
• Scroll down on the screen
• Locate and tap on the 'delete account' option.
• Confirm the account deletion by tapping on the 'Delete account' button.
Only the data necessary for compliance with local laws is retained, and this data is stored for the period defined by those laws.
23. Changes to this privacy policy
We reserve the right to change this privacy policy with effect for the future. A current version is always available here.
24. Questions and comments
If you have any questions or comments regarding this privacy policy, please feel free to contact us using the contact information provided above.
