Privacy Policy

1. Privacy at a Glance

General Information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text.

Who is responsible for collecting data on this website?

Data processing on this website is carried out by the website operator. You can find their contact details in the section "Notice regarding the responsible party" in this privacy policy.

How do we collect your data?

Your data is collected, on the one hand, by you providing it to us. This may, for example, be data that you enter during registration or in a contact form. Other data is collected automatically or with your consent when you visit the website by our IT systems. This is primarily technical data (e.g. internet browser, operating system or time of the page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure the error-free provision of the website. Other data may be used to analyse your user behaviour. Insofar as contracts can be concluded or initiated via the website, the transmitted data is also processed for contract offers, orders or other order requests.

What rights do you have regarding your data?

You have the right at any time to obtain information free of charge about the origin, recipients and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can revoke this consent at any time with effect for the future. Furthermore, you have the right, under certain circumstances, to request the restriction of the processing of your personal data. In addition, you have the right to lodge a complaint with the competent supervisory authority. You can contact us at any time regarding this as well as any further questions on the subject of data protection.

2. Hosting

We host the content of our website with an external provider. The personal data collected on this website is stored on the servers of the host. This may primarily include IP addresses, contact requests, meta and communication data, contract data, contact details, names, website accesses and other data generated via a website.

External hosting is carried out for the purpose of fulfilling our contractual obligations towards our potential and existing users and customers (Art. 6(1)(b) GDPR) and in the interest of a secure, fast and efficient provision of our online offering by a professional provider (Art. 6(1)(f) GDPR). Insofar as a corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent covers the storage of cookies or access to information on the user's terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

Our host will only process your data insofar as this is necessary to fulfil its performance obligations and will follow our instructions with regard to this data. We use the following host:

Order Processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract required under data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

3. General Information and Mandatory Disclosures

Data Protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy. When you use this website, various personal data is collected. Personal data is data by which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done. We point out that data transmission over the internet (e.g. when communicating by email) may have security gaps. Complete protection of data against access by third parties is not possible.

Notice Regarding the Responsible Party

The party responsible for data processing on this website is:

• Phone: 040 – 69 63 86 3 - 20
• Email: moin@elbcloud.de

The responsible party is the natural or legal person who alone or jointly with others determines the purposes and means of processing personal data (e.g. names, email addresses or the like).

Data Protection Officer

We have appointed a data protection officer.

• Phone: +49 177 3100249
• Email: datenschutz@elbcloud.de

Storage Period

Unless a more specific storage period has been stated within this privacy policy, your personal data will remain with us until the purpose for the data processing no longer applies. If you assert a legitimate request for deletion or revoke consent to data processing, your data will be deleted, unless we have other legally permissible grounds for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, deletion takes place after these grounds cease to apply.

General Information on the Legal Bases for Data Processing on This Website

Insofar as you have consented to the data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, insofar as special categories of data pursuant to Art. 9(1) GDPR are processed. In the case of explicit consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49(1)(a) GDPR. Insofar as you have consented to the storage of cookies or to access to information on your terminal device (e.g. via device fingerprinting), data processing is additionally carried out on the basis of Section 25(1) TDDDG. Consent can be revoked at any time. If your data is required for the performance of a contract or for carrying out pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, we process your data insofar as it is necessary to fulfil a legal obligation, on the basis of Art. 6(1)(c) GDPR. Data processing may also be carried out on the basis of our legitimate interest pursuant to Art. 6(1)(f) GDPR. You will be informed about the legal bases applicable in each individual case in the following paragraphs of this privacy policy.

Recipients of Personal Data

Within the scope of our business activities, we cooperate with various external parties. In some cases, this also requires the transfer of personal data to these external parties. We only pass on personal data to external parties if this is necessary within the scope of fulfilling a contract, if we are legally obliged to do so (e.g. passing on data to tax authorities), if we have a legitimate interest pursuant to Art. 6(1)(f) GDPR in passing on the data, or if some other legal basis permits the data transfer. When using processors, we only pass on personal data of our customers on the basis of a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.

Revocation of Your Consent to Data Processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The lawfulness of the data processing carried out up to the revocation remains unaffected by the revocation.

Right to Object to the Collection of Data in Special Cases and to Direct Marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to Lodge a Complaint with the Competent Supervisory Authority

In the event of breaches of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or the place of the alleged breach. The right to lodge a complaint exists without prejudice to any other administrative or judicial remedy.

Right to Data Portability

You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

Information, Correction and Deletion

Within the scope of the applicable statutory provisions, you have the right at any time to free information about your stored personal data, its origin and recipients and the purpose of the data processing and, if applicable, a right to correction or deletion of this data. You can contact us at any time regarding this as well as any further questions on the subject of personal data.

Right to Restriction of Processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time regarding this. The right to restriction of processing exists in the following cases:

• If you dispute the accuracy of your personal data stored by us, we generally need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
• If the processing of your personal data took place / takes place unlawfully, you can request the restriction of data processing instead of deletion.
• If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
• If you have lodged an objection pursuant to Art. 21(1) GDPR, a balancing of your interests and ours must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may – apart from its 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 an important public interest of the European Union or a Member State.

SSL / TLS Encryption

For security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. When SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

4. Data Collection on This Website

Cookies

Our web pages use so-called "cookies". Cookies are small data packets and do not cause any damage to your terminal device. They are stored on your terminal device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted after the end of your visit. Permanent cookies remain stored on your terminal device until you delete them yourself or until they are automatically deleted by your web browser.

Cookies can originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies within web pages. Cookies have various functions. Numerous cookies are technically necessary, as certain website functions would not work without them (e.g. the storage of your login status). Other cookies can be used to analyse user behaviour or for advertising purposes.

Cookies that are necessary to carry out the electronic communication process, to provide certain functions you have requested (e.g. for the login function) or to optimise the website (necessary cookies) are stored on the basis of Art. 6(1)(f) GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimised provision of its services. Insofar as consent to the storage of cookies and comparable recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Art. 6(1)(a) GDPR and Section 25(1) TDDDG); consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.

Cookie Consent (Consent Banner)

This website uses its own (first-party) consent tool ("cookie banner") to obtain your consent to the storage of certain non-necessary cookies or to the use of certain technologies and to document this in a data-protection-compliant manner. When you access the website, you can make your selection: you can accept all optional cookies, reject them, or specifically allow individual categories. Necessary cookies that are essential for the technical operation of the website (e.g. for storing your login status) are set without consent.

Your selection is stored exclusively locally in your browser as well as in a first-party cookie on your terminal device, so that we do not have to ask you for consent again on a renewed visit. No data is transmitted to third parties in this process. You can revoke or adjust your consent at any time with effect for the future by calling up the cookie settings again via the corresponding link in the footer of the website.

The consent is stored in order to be able to demonstrate the legally required consents for the use of certain technologies. The legal basis for this is Art. 6(1)(c) GDPR.

Server Log Files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

• Browser type and browser version
• Operating system used
• Referrer URL
• Hostname of the accessing computer
• 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(1)(f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website – for this, the server log files must be collected.

Reach Measurement (Cookieless, Self-Hosted Statistics)

To measure the reach of our services and to improve their discoverability (search engine optimisation), we collect usage data with a statistics function we operate ourselves. When a public page is accessed, we process: the page accessed, the origin of the visit (only the domain of the referring page, e.g. a search engine), the browser identifier (user agent, among other things to detect automated access), the selected display language, and the date and time of the access. Pages in logged-in areas (e.g. the dashboard) are not recorded; no third-party providers are used and no data is transmitted to third parties.

The measurement works without cookies and without storing or accessing information on your device; Section 25 TDDDG therefore does not apply. Your IP address is not stored. To approximate the number of visitors, a short-lived pseudonym (hash) is calculated from the IP address, the browser identifier and a secret value that changes daily. This pseudonym changes every calendar day and can neither be traced back to you by us or by third parties nor linked across several days. No usage profiles are created. The collected raw data is deleted automatically after 90 days at the latest.

The legal basis is Art. 6(1)(f) GDPR. Our legitimate interest lies in the statistical analysis of usage in order to improve the content, technology and discoverability of our services. You can object to the measurement at any time with effect for the future by disabling the "Statistics" category in the cookie settings (link in the footer of this website); your visit will then not be counted on this device.

Inquiry by Email, Telephone or via the Contact / Support Form

If you contact us by email, telephone or via a contact or support form, your inquiry including all personal data arising from it (name, inquiry) will be stored and processed by us for the purpose of handling your request. We do not pass on this data without your consent.

The processing of this data is carried out on the basis of Art. 6(1)(b) GDPR, insofar as your inquiry is connected with the performance of a contract or is necessary for carrying out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective handling of the inquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR), insofar as this has been requested; consent can be revoked at any time.

The data you send to us remains with us until you request its deletion, revoke your consent to its storage, or the purpose for the data storage no longer applies (e.g. after your request has been completely handled). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

Registration on This Website

You can register on this website to use additional functions (e.g. your own profile, lists, reviews and recommendations). We use the data entered for this purpose only for the use of the respective offer or service for which you have registered. The mandatory information requested during registration (in particular email address, password and a display or user name) must be provided in full. Otherwise we will reject the registration.

To confirm your registration and to protect against misuse, we use a double opt-in procedure: after you sign up, you receive an email with a confirmation link. Your account is only activated after you have confirmed your email address via this link. We store the time of the sign-up and of the confirmation in order to be able to trace any possible misuse.

The processing of the data entered during registration is carried out for the purpose of performing the usage relationship established by the registration and, if applicable, for initiating further contracts (Art. 6(1)(b) GDPR). The data collected during registration is stored by us for as long as you are registered on this website and is subsequently deleted. Statutory retention periods remain unaffected.

Sign-in with Third-Party Services (Single Sign-On / OAuth)

Insofar as we offer corresponding sign-in options, you have the possibility to register or sign in on this website with the help of an existing account with an external provider (e.g. via OAuth or single sign-on procedures). The prerequisite for this is generally that you are already registered with the respective provider.

If you decide to sign in via an external service, you may first be redirected to its platform, where you sign in with your usage data. This links the profile maintained with the provider to our service. Through this link, we receive – depending on your settings there – certain data stored with the provider, generally your email address and a display name, for the purpose of creating and signing in to your account.

Signing in via external services and the associated data processing are carried out on the basis of your consent (Art. 6(1)(a) GDPR) and our legitimate interest in a simple and secure sign-in option (Art. 6(1)(f) GDPR). Insofar as consent has been requested, it can be revoked at any time with effect for the future. The provider's data protection provisions apply to the data processing by the respective provider.

Update subscriptions on creator profiles (email)

On public creator profiles, visitors can subscribe to updates from the respective creator by email. For this purpose, we process the email address entered, the selected display language and the times of sign-up and confirmation. For verification, we use a double opt-in procedure: the subscription only becomes active after you click the confirmation link in the email sent to you; the stored timestamps serve as proof of consent.

We make the confirmed email address available to the respective creator (viewable and exportable in their dashboard) so that they can inform their subscribers about news. It is not passed on to any other third parties, nor is it used for ShineLists' own advertising.

The legal basis for the processing is your consent (Art. 6(1)(a) GDPR). You can revoke it at any time with effect for the future by using the unsubscribe link in the email or by contacting us; upon unsubscribing, your address is deleted from the subscriber list. Unconfirmed entries are not used for updates.

5. Plugins and Tools

OpenStreetMap

On this website we embed map material from the service "OpenStreetMap" (OSM). The provider of the OpenStreetMap function is the OpenStreetMap Foundation (OSMF), St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom.

When you visit a page on which OpenStreetMap is embedded, among other things your IP address and further information about your behaviour on this website is transmitted to the servers of the map tile service (tile server) used in each case. For this purpose, OpenStreetMap may, under certain circumstances, store cookies in your browser or use comparable recognition technologies.

The use of OpenStreetMap is carried out in the interest of an appealing presentation of our online offerings and easy findability of the places we indicate on the website. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR. Insofar as a corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent covers the storage of cookies or access to information on the user's terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

Further information on the handling of user data can be found in the privacy policy of OpenStreetMap at: https://wiki.osmfoundation.org/wiki/Privacy_Policy

Web Fonts (Local Hosting)

This website uses so-called web fonts for the uniform display of typefaces. These fonts are loaded locally from the delivery directory of our application when the page is accessed and are not reloaded from the servers of third parties (e.g. Google). No connection to third-party servers takes place in this process; your IP address is not transmitted to third parties for this purpose.

The legal basis for embedding the fonts locally is our legitimate interest in a uniform and data-minimising presentation of our online offering (Art. 6(1)(f) GDPR).

Automatic Translation (Microsoft Azure AI Translator)

To make user-generated content (e.g. reviews as well as descriptions of places, events and products) understandable for visitors in their display language, we use the machine translation service "Azure AI Translator". The provider is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland.

When a user opens content in a language in which it is not yet available, only the relevant text content is transmitted to the service's EU endpoint for the purpose of translation and processed there. No further personal data (e.g. name, username or your IP address for identification purposes) is transmitted. Translations that have already been created are cached by us, so that a text only has to be transmitted once per language.

According to the provider, the transmitted texts are processed solely to carry out the translation, are not stored permanently and are not used to train models ("no trace"). The processing takes place on servers within the European Union.

We use this service in our interest in providing the content of our online offering in multiple languages and with the lowest possible barriers. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR.

A data processing agreement (DPA) is in place with the provider; the data protection terms form part of the Microsoft Products and Services Data Protection Addendum (DPA). Further information can be found in the Microsoft privacy statement at: https://privacy.microsoft.com/en-us/privacystatement

Affiliate links to activities (GetYourGuide)

On our Discover page, when you search for a city we display a link to matching activities and tours from the provider GetYourGuide. The provider is GetYourGuide Deutschland GmbH, Sonnenburger Straße 73, 10437 Berlin, Germany.

Simply loading our page does NOT transmit any data to GetYourGuide and does NOT set any GetYourGuide cookies. It is a plain reference (hyperlink), not an embedded feature – we do not load any scripts, maps or other content from GetYourGuide on our page. Consent via the cookie banner is therefore not required for this.

Only when you actively click the link are you forwarded to getyourguide.com. The link contains a partner identifier (the "partner_id" parameter) so that GetYourGuide can attribute any booking made there to us and we receive a commission for it (affiliate program). In doing so, GetYourGuide may set cookies or comparable technologies on its own website; GetYourGuide is solely responsible for this. Its privacy policy applies: https://www.getyourguide.com/c/privacy-policy/

The legal basis for providing these affiliate links is our legitimate interest in financing our offering (Art. 6(1)(f) GDPR). We label such links as advertising. To minimise the referrer information transmitted to GetYourGuide when clicked, the links carry the rel="noreferrer" attribute.

Source

Parts of this privacy policy were created on the basis of sample texts from eRecht24 and adapted for ShineLists.