DATA PROTECTION DECLARATION

I. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation (GDPR) and other data protection provisions is:

Hamburger Stadtrundfahrt – Die Roten Doppeldecker GmbH

Ehestorfer Dorfstraße 5

21224 Rosengarten

Germany

+49 40 7961331-0

info@die-roten-doppeldecker.de

https://www.die-roten-doppeldecker.de

II. Contact details of the data protection officer

The data protection officer of the controller is:

DataCo GmbH

Dachauer Straße 65

80335 Munich

Germany

+49 89 7400 45840

www.dataguard.de

III. General information on data processing

1. Scope of personal data processing

We only process our users‘ personal data to the extent necessary to provide a functional website and our content and services. Our users’ personal data is regularly processed only with the user’s consent. An exception applies in cases where it is not possible to obtain prior consent for practical reasons and the processing of the data is required by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 (1) sentence 1 lit. a GDPR serves as the legal basis.

When processing personal data is necessary for the performance of a contract to which the data subject is party, Art. 6 (1) 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 (1) (1) (c) GDPR serves as the legal basis.

In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (1) (d) GDPR serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) sentence 1 lit. f GDPR serves as the legal basis for the processing.

3. Data erasure and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage may take place beyond this if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. Blocking or erasure of the data also occurs when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

IV. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. Right of access

You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed.

Where that is the case, you have the right to request access to the following information from the controller:

• the purposes of the processing;
• the categories of personal data being processed;
• the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
• the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the duration of storage;
• the existence of a right to correction or deletion of the personal data concerning you, a right to restriction of the processing by the controller or a right to object to this processing;
• the existence of a right of appeal to a supervisory authority;
• all available information about the origin of the data if the personal data is not collected from the data subject;
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information about whether your personal data is transferred to a third country or to an international organisation. In this context, you can request to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

2. Right to rectification

You have the right to request the controller to rectify and/or complete the data if the processed personal data concerning you is incorrect or incomplete. The controller must carry out the rectification without undue delay.

3. right to restriction of processing

You have the right to obtain from the controller restriction of processing where one of the following applies:

• the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data• the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead• the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims• you have objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of you.

• the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or
• if you have objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override your grounds.

Where processing of personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the processing restriction has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

a) Erasure obligation

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies:

• The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• You withdraw your consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
• You object to the processing in accordance with Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing in accordance with Article 21(2) of the GDPR.
• The personal data concerning you has been unlawfully processed.
• The personal data concerning you has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data concerning you has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to delete it in accordance with Art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data technical means, to inform data processors which are processing the personal data that you, as the data subject, have requested the deletion of all links to such personal data or of copies or replications of such personal data.

c) Exceptions

The right to deletion does not apply to the extent that processing is necessary

• for the exercise of the right to freedom of expression and information.
• to fulfil a legal obligation that requires processing under the law of the Union or of the Member States to which the controller is subject, or to carry out a task that is in the public interest or in the exercise of official authority that has been transferred to the controller;
• for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;
• for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(3) of the GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
• for the establishment, exercise or defence of legal claims.

5. Right to notification

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.

You have the right to request that the data controller inform you of the recipients.

6. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where

• the processing is based on consent pursuant to Article 6(1) sentence 1 point (a) GDPR or Article 9(2) point (a) GDPR or on a contract pursuant to Article 6(1) sentence 1 point (b) GDPR and
• the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

You have the option, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise your right to object by automated means using technical specifications.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

9. automated decision in an individual case, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision

• is necessary for entering into, or performance of, a contract between you and the data controller,
• is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
• is based on your explicit consent.

However, these decisions must not be based on special categories of personal data referred to in Article 9(1) of the GDPR, unless point (a) or (b) of Article 9(2) of the GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

With regard to the cases referred to in points 1 and 3, the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.

V. Provision of the website and creation of log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the accessing computer system.

The following data is collected:

• Information about the browser type and version used
• The user’s operating system
• The user’s internet service provider
• Date and time of access
• Websites from which the user’s system accesses our website
• Websites that are accessed by the user’s system via our website

This data is stored in our system’s log files. The user’s IP addresses or other data that could be used to assign the data to a user are not affected by this. This data is not stored together with other personal data of the user.

2. Purpose of data processing

The data is stored in log files to ensure the functionality of the website. In addition, the data helps us to optimise the website and to ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context.

These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 (1) (f) GDPR.

3. Legal basis for data processing

The legal basis for the temporary storage of data is Article 6 (1) sentence 1 point (f) GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer required for the purpose for which it was collected. In the case of data collection for the provision of the website, this is the case when the respective session has ended.

5. Objection and removal options

The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Consequently, there is no right of objection on the part of the user.

VI. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in or by the internet browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be clearly identified when the website is visited again.

We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.

The following data is stored in the cookies and transmitted:

• Language settings

We also use cookies on our website that enable an analysis of the surfing behaviour of users.

In this way, the following data can be transmitted:

• Search terms entered
• frequency of page views
• use of website functions

The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the accessing user. The data is not stored together with other personal data of the user.

2. purpose of data processing

The purpose of using technically necessary cookies is to make it easier for users to use websites. Some of our website’s functions cannot be offered without the use of cookies. For these functions, it is necessary that the browser be recognised even after a page change.

We need cookies for the following applications:

• Adopting language settings
• Remembering search terms

The user data collected by technically necessary cookies are not used to create user profiles.

The use of analysis cookies is for the purpose of improving the quality of our website and its contents. Through the analysis cookies, we learn how the website is used and can thus constantly optimise our offer.

3. Legal basis for data processing

The legal basis for the processing of personal data using cookies that are not technically necessary is Art. 6 (1) (a) GDPR.

The legal basis for the processing of personal data using cookies that are technically necessary is Art. 6 (1) (f) GDPR.

4. Duration of storage, right to object and opt out

Cookies are stored on the user’s computer and transmitted by it to our site. Therefore, you as a user also have full control over the use of cookies. You can disable or restrict the transmission of cookies by changing the settings in your internet browser. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it is possible that not all of the website’s functions can be used to their full extent.

If you are using a Safari browser from version 12.1, cookies will be deleted automatically after seven days. This also applies to opt-out cookies that are set to prevent tracking measures.

VII. Contact by email

1. Description and scope of data processing

It is possible to contact us via the email address provided on our website. In this case, the user’s personal data transmitted by email will be stored.

The data will be used exclusively for the purpose of processing the conversation.

2. purpose of the data processing

In the case of contact by email, this also constitutes the necessary legitimate interest in the processing of the data.

3. legal basis for the data processing

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 (1) point f GDPR. If the aim of the email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer required for the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

5. Right to object and right to erasure

The user has the option at any time to revoke his consent to the processing of personal data. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of establishing contact will be deleted in this case.

VIII. Contact form

1. Description and scope of data processing

Our website includes a contact form that can be used to contact us electronically. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and stored.

At the time the message is sent, the following data is stored:

• Email address
• Surname
• First name
• Address
• Telephone/mobile phone number
• Date and time of contact
• Free text fields

As part of the sending process, your consent is obtained for the processing of the data and reference is made to this data protection declaration.

Alternatively, it is possible to contact us via the email address provided. In this case, the user’s personal data transmitted by email will be stored.

The data will be used exclusively for the purpose of processing the conversation.

2. purpose of data processing

We process the personal data from the input mask solely for the purpose of processing the contact. If you contact us by email, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

3. legal basis for data processing

The legal basis for the processing of the data is the consent of the user in accordance with Article 6 (1) (1) (a) of the GDPR.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) sentence 1 lit. f GDPR. If the purpose of the e-mail contact is to conclude a contract, the additional legal basis for the processing is Art. 6 (1) sentence 1 lit. b GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer required for the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

5. Right to object and right to erasure

The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of establishing contact will be erased in this case.

IX. Company profiles

Use of company profiles in social networks

YouTube:

YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, United States

We provide information on our company page and offer YouTube users the opportunity to communicate. If you carry out an action on our YouTube company page (e.g. comments, posts, likes, etc.), you may make personal data public (e.g. real name or photo of your user profile). However, as a rule or to a large extent, we have no influence on the processing of your personal data by YouTube, which is jointly responsible for the corporate presence of Hamburger Stadtrundfahrt – Die Roten Doppeldecker GmbH. Therefore, we cannot provide any binding information regarding the purpose and scope of the processing of your data.

In order to ensure appropriate safeguards for the transmission and processing of personal data outside the EU, data transmission to and data processing by YouTube is carried out on the basis of appropriate safeguards in accordance with Art. 46 ff GDPR, in particular by concluding so-called standard data protection clauses in accordance with Art. 46 (2) c) GDPR.

Our company presence on social networks is used for communication and information exchange with (potential) customers. In particular, we use the company presence for:

• marketing

The publications on the company presence may contain the following content:

• information about products
• information about services
• competitions
• advertising
• customer contact

Every user is free to publish personal data through their activities.

The legal basis for the data processing is Art. 6 (1) 1 lit. a GDPR.

The data generated by the company presence is not stored in our own systems.

You can object to the processing of your personal data that we collect in the course of your use of our YouTube company presence at any time and assert your rights as a data subject as set out in IV. of this data protection declaration. To do so, simply send us an informal email to info@die-roten-doppeldecker.de.

You can find more information about the processing of your personal data by YouTube and the corresponding options for objecting to it here:

YouTube:

X. Hosting

The website is hosted on servers by a service provider contracted by us.

Our service provider is:

ALL-INKL.COM – Neue Medien Münnich, Hauptstraße 68, 02742 Friedersdorf, Germany

The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the website. The stored information is:

• Browser type and browser version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Date and time of the server request
• IP address

This data is not merged with other data sources. This data is collected on the basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the technically error-free presentation and optimisation of his website – for this purpose, the server log files must be recorded.

The website server is located in Germany.

XI. Geotargeting

We use the IP address and other information provided by the user (in particular the postcode provided during registration or when placing an order) for regional targeting (so-called ‘geotargeting’).

The regional targeting is used, for example, to automatically display regional offers or advertising that is often more relevant to users. The legal basis for the use of the IP address and, if applicable, other information provided by the user (in particular the postcode) is Art. 6 (1) point f GDPR, which is based on our interest in ensuring a more precise targeting of users and thus providing offers and advertising with a higher level of relevance for users.

In this process, part of the IP address and the additional information provided by the user (in particular postcode) are only read and not stored separately.

You can prevent geotargeting by using a VPN or proxy server, for example, which prevent precise localisation. In addition, depending on the browser you are using, you can also deactivate localisation in the corresponding browser settings (as far as this is supported by the respective browser).

We use geotargeting on our website for the following purposes:

• advertising purposes

XII. Plugins used

We use plugins for various purposes. The plugins used are listed below:

Real Cookie Banner

We use the ‘Real Cookie Banner’ consent tool to manage the cookies and similar technologies used (tracking pixels, web beacons, etc.) and the associated consents. You can find details on how ‘Real Cookie Banner’ works at <a href=‘https://devowl.io/de/rcb/datenverarbeitung/’ rel=‘noreferrer’ target=‘_blank’>https://devowl.io/de/rcb/datenverarbeitung/</a>.

The legal basis for the processing of personal data in this context is Art. 6 (1) (c) GDPR and Art. 6 (1) (f) GDPR. Our legitimate interest is the administration of the cookies and similar technologies used and the related consents.

The provision of personal data is neither contractually required nor necessary for the conclusion of a contract. You are not obliged to provide personal data. If you do not provide the personal data, we will not be able to manage your consents.

This privacy policy has been created with the support of DataGuard.