Privacy Policy
1. An overview of data protection
General
The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below. How we process data when you call our telephone number is explained in section 6.
Data collection on our website
Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.
How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.
Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
Analytics and third-party tools
This website does not set cookies and does not use any analytics program that evaluates your surfing behaviour. We merely count page views on our server on a daily basis, without cookies and without storing IP addresses. For details see section 5, "Cookie-free reach measurement".
2. General information and mandatory information
Data protection
The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.
If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.
Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.
Notice concerning the party responsible for this website
The party responsible for processing data on this website is:
Agentur am Fischmarkt | Arne Zingel GmbH
Deichstr. 21 - 2. OG
20459 Hamburg
Telephone: +49(0)40 - 890 00 890
Email: info@agentur-fischmarkt.de
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).
Revocation of your consent to the processing of your data
Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
Right to file complaints with regulatory authorities
If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Right to data portability
You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.
SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar.
If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.
Information, blocking, deletion
As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.
3. Data collection on our website
Cookies
This website does not set cookies. Neither session cookies nor persistent cookies are stored on your device, and we do not use cookies to recognise your browser on a later visit. No cookies are used for reach measurement either (see section 5).
Server log files
The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
- IP address
These data will not be combined with data from other sources.
The basis for data processing is Art. 6(1)(f) GDPR; our legitimate interest lies in the secure and stable provision of the website.
We do not pass these log data on to third parties and do not store them permanently. They are available only for a short, rolling period in the log buffer of our hosting service and are overwritten automatically thereafter.
Contact form
Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We use this data to process your enquiry. If your enquiry results in a booking, we pass on the data required to perform the contract to the recipients named in section 4. Beyond that, we will not pass on your data without your consent.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
With your enquiry or booking, the website also transmits which group your visit came from – the same group as under section 5 ("Cookie-free reach measurement"), for example a search engine or the name of a campaign, never a click identifier. We store this information with your enquiry or booking in order to evaluate through which channels enquiries and bookings reach us. The legal basis for this is Art. 6(1)(f) GDPR; our legitimate interest lies in improving our offer.
4. Booking, payment processing and access to the accommodation
To rent out our holiday apartments we use service providers and transfer to them the data required to perform the accommodation contract. The legal basis is Art. 6(1)(b) GDPR (performance of the contract or pre-contractual measures), and for access management additionally Art. 6(1)(f) GDPR. Our legitimate interest there lies in secure, keyless self check-in without a personal key handover. Providing this data is necessary for concluding and performing the contract; without it we cannot accept a booking and cannot grant access to the accommodation.
Booking management
We use the booking system Beds24 (Beds24 GmbH, c/o EDGE Workspaces Grand Central Berlin, Invalidenstraße 65, 10557 Berlin, Germany) to manage enquiries, bookings, occupancy plans and our communication with you. We transfer the following: form of address, first and last name, e-mail address, telephone and mobile number, company where applicable, street, postcode, town and country, the booked accommodation, arrival and departure dates, number of guests, your booking remarks and organisational notes regarding your stay. Beds24 processes this data on our behalf and on our instructions; a data processing agreement pursuant to Art. 28 GDPR is in place.
Privacy notice: https://beds24.com/privacypolicy.html
Payment processing
Payments by credit card or online payment method are processed via the payment service provider Stripe. For users established in the European Economic Area, the responsible entity is Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland.
The payment page is provided by our booking system, which creates a customer record with Stripe for your booking. The following data is transferred: your name (including form of address), your e-mail address, your telephone number, the booking number together with the name of the booked accommodation as the payment reference, and the amount payable. No postal address is transferred to Stripe. You enter your card details directly with Stripe; we neither receive nor store them at any time. In addition, Stripe processes the details you yourself enter in the payment form as well as technical data relating to your payment. From Stripe we receive back whether and when a payment was successful, the amount paid and a transaction reference; we record these against your booking in our accounts.
For payment processing, fraud prevention and to meet its own regulatory, anti-money-laundering and tax obligations, Stripe acts as an independent controller under data protection law and does not act on our instructions in this respect. Stripe's own privacy notice applies to that processing:https://stripe.com/privacy
Stripe may process personal data in any country in which Stripe offers its services, including the United States. Such transfers to third countries are based on the European Commission's standard contractual clauses and the additional safeguards set out in Stripe's data processing agreement (https://stripe.com/legal/dpa).
Access to the accommodation (electronic access codes)
Our accommodations and building entrances are equipped with electronic door locks supplied by NUKI Home Solutions GmbH, Münzgrabenstraße 92/4, 8010 Graz, Austria. An individual numeric code is generated for your stay. For this purpose we transfer your surname and your booking number to the operator's service as the label of the code, together with its period of validity. No further personal details are transferred. When the door is opened, the event is logged with a timestamp and the label of the code used; we use this log solely to ensure access and to investigate malfunctions. The access code is limited to the duration of your stay, automatically stops working when your stay ends, and is automatically deleted from the locks generally within one day and at the latest within two days after the end of your stay. The access log is available in the provider's system for a period of around three months and can no longer be retrieved thereafter. The legal basis is Art. 6(1)(b) and (f) GDPR.
Privacy notice: https://nuki.io/en/legal/data-privacy
5. Hosting and technical service providers
Our website is operated by Salesforce, Inc. ("Heroku", data centre region Europe/Ireland). When you visit our pages, the hosting service processes technically necessary connection data (in particular the IP address, date and time of access and the page accessed) in server logs. The legal basis is Art. 6(1)(f) GDPR; our legitimate interest lies in the secure and stable provision of the website. Property photos are delivered by our own web space hosted by IONOS SE (Elgendorfer Str. 57, 56410 Montabaur, Germany).
If you use our enquiry or booking form, your details are transmitted to us by e-mail via the mail servers of IONOS SE, and a confirmation of receipt is sent to the address you provide. The form data is not stored in a database of the website; further processing takes place in our booking administration (see section 4). The website's own availability and price data contains no personal data.
Cookie-free reach measurement
To learn which pages are viewed and where visitors come from, we count page views on our server on a daily basis. No cookies are set and no IP addresses or device identifiers are stored; we only record the page viewed, the language, the group of the referring website (e.g. "search engine") and whether the request came from a search engine program. If the referring website cannot be assigned to a group, we store its address (the host name) instead, not the full referring address. If the address called up contains a campaign identifier (such as "utm_source" or the click identifier of an ad), we count the name of the campaign or the type of ad instead of the referring website; we do not store the click identifier itself. If you send us an enquiry via the form, we additionally count which of these groups your visit came from, as well as the lead time and length of stay in broad bands (e.g. "30 to 59 days", "2 nights"). Individual persons cannot be identified. The legal basis is Art. 6(1)(f) GDPR; our legitimate interest lies in improving our offer.
Map display (Mapbox)
We use the map service of Mapbox, Inc. (1133 15th St NW, Suite 825, Washington DC 20005, USA) to display location maps. When you open a page containing a map, your browser connects to Mapbox servers; for technical reasons this transmits your IP address. The legal basis is Art. 6(1)(f) GDPR; our legitimate interest lies in an informative presentation of the location of our accommodations. Transfers to the USA are based on the European Commission's standard contractual clauses.
Privacy notice: https://www.mapbox.com/legal/privacy
Automated image descriptions
For the photos of our accommodations we obtain suggested image descriptions (alternative texts) using the service of Anthropic Ireland, Limited (6th Floor, South Bank House, Barrow Street, Dublin 4, D04 TR29, Ireland); processing also takes place at Anthropic PBC in the USA. For this purpose we transmit the respective property photo and its file name; in return we receive a suggested text which we review before publication. This process is triggered solely by us, not by your visit to our website; no visitor data is transmitted. If a photo exceptionally shows identifiable persons, that image content is transmitted along with it. Anthropic processes the data on our behalf and on our instructions; according to the provider, the content is not used to train models. Transfers to the USA are based on the European Commission's standard contractual clauses. The legal basis is Art. 6(1)(f) GDPR; our legitimate interest lies in the accessible presentation of our offers.
Privacy notice: https://www.anthropic.com/legal/privacy
6. Telephone contact and AI telephone assistant
Calls to our number +49 (0)40 890 00 890 are answered by an AI-based telephone assistant outside our office hours – and during office hours if nobody in the office answers within a short time or the line is busy. The assistant points this out at the start of every call. It answers general questions about our accommodations, takes down enquiries and callback requests, and forwards emergency calls from our guests to our on-call staff. It does not take any decisions on bookings or contracts; we handle your enquiry personally.
Data processed
We process your telephone number (if transmitted), the date, time and duration of the call, the spoken content of the conversation and the details you provide, such as your name, your e-mail address or a callback number, your booking or apartment and the key details of a stay enquiry (travel dates, number of guests, special requests). For this purpose your speech is analysed by machine in real time and logged as text; the assistant's answers are generated with a synthetic voice. The call is not recorded as audio. After the call we receive a summary of the conversation including these details by e-mail. Please do not give any card or bank details over the phone.
Service providers
Our telephone system and the telephone assistant are operated on our behalf by Gamma Placetel GmbH, Lothringer Straße 56, 50677 Cologne, Germany ("Placetel"). Placetel processes the data on our behalf and on our instructions; a data processing agreement pursuant to Art. 28 GDPR is in place. For speech recognition, language processing and speech output, Placetel engages other providers of specialised AI services as sub-processors.
Privacy notice: https://www.placetel.de/rechtliches/datenschutzerklaerung
Storage period
In our Placetel account, call transcripts are deleted automatically after 30 days. We keep the summaries received by e-mail like other enquiries: until your request has been dealt with. If it leads to a booking, the statutory retention periods apply.
Legal basis
The legal basis is Art. 6(1)(b) GDPR insofar as your call concerns a booking, an enquiry or your stay, and otherwise Art. 6(1)(f) GDPR. Our legitimate interest lies in being reachable outside office hours and when our line is busy, and in forwarding our guests' emergency calls quickly. If you do not wish to speak to the assistant, you can end the call at any time and write to us at info@agentur-fischmarkt.de; during our office hours the office usually answers first.
7. Social media
Our website currently includes no plugins of social networks or platforms