Any compulsory liability which may possibly apply from the aspect of the lack of a warranted quality, a breach of a contractual obligation which is at least attributable to ordinary negligence as well as for any possible legal defects thereof, shall not be affected. protel shall be liable for damage for which it is to blame altogether up to the amount of the system price to be paid in accordance with the order (protel licence fees plus protel service fees), whereby liability shall be limited to the price of the licence, if liability arises as a result, or to the service fees, if liability is in connection with them.

The fees in force excluding VAT when the claim materialises shall prevail. protel shall not be liable for a lack of economic success, indirect damages and consequential damages and for damages arising from third party claims with the exception of claims arising from the breach of third party proprietary rights. protel shall only be liable for making good the loss of data if the client has ensured that this data is held ready in the form of computerised data stocks as required by proper data processing standards and can be reproduced at justifiable expense.

The external back-up of data stock at the end of each working day is justifiable. protel shall not be liable for damage caused by contractual products in so far as this could have been avoided by checking the work results of the contractual products at regular intervals. Moreover, protel shall not be liable for damage caused as a result of using other programs which can change the data stocks saved in the protel programs. Any compulsory liability there may be under product liability shall not be affected.

With the exception of claims for compensation for damages based on illegal acts, claims for compensation for damages shall become time-barred in accordance with the legal provisions (of Germany), and no later than two years from the installation of the protel programs at the client’s premises.

protel hotelsoftware GmbH will not assume any responsibility for the improper use of the software e.g. data-base fields not intended for the entry of credit card data, nor will it assume responsibility for resulting damages thereof, i.e., loss of PCI certification and/or monetary penalties resulting from rule violations or misuse, and/or third-party liability or damages claims resulting thereof.

Ingo Dignas, Manfred Osthues, address see above

Consumer arbitration board
We are not prepared or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a concrete violation of the law. As soon as we become aware of such infringements, we will remove the content immediately.

A permanent control of the contents of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of any legal infringements, we will remove such links immediately.

Downloads and copies of these pages are only permitted for private, non-commercial use.

Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, the contents of third parties are marked as such. Should you nevertheless become aware of copyright infringement, please inform us accordingly. As soon as we become aware of any infringements, we will remove such content immediately.

Personal data are “any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, a location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person” (original wording from Article 4 paragraph 1 DSGVO – , English: General Data Protection Regulation GDPR, EU Regulation 2016/679)

• The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.

The right to access the personal data we hold about you. Part 13 will tell you how to do this. The right to have your personal data rectified if any of your personal data is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 15 to find out more. The right to restrict (i.e. prevent) the processing of your personal data. The right to object to us using your personal data for a particular purpose or purposes.

The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases. Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.

Depending upon your use of Our Site, we may collect some or all of the following personal and non-personal data (please also see Part 14 on our use of Cookies and similar technologies and our Cookie Policy:

• Name
• Business Address
• Email address
• Telephone number
• Business name
• Job title
• Profession Information about your preferences and interests
• IP address
• Web browser type and version
• Operating system
• A list of URLs starting with a referring site, your activity on Our Site, and the site you exit to.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone, text message or post with information, news, and offers on our products and services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

Third Parties (including Act-On Software and Google Analytics) whose content appears on Our Site may use third-party Cookies. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.

How and Where Do You Store or Transfer My Personal Data?
We will only store or transfer your personal data within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the GDPR or to equivalent standards by law.

Do You Share My Personal Data?
We may share your personal data with other companies in our group which includes our holding company and its subsidiaries.
We may sometimes contract with the following third parties to supply certain products and/or services. These may include payment processing, delivery, and marketing. In some cases, those third parties may require access to some or all of your personal data that we hold.

Surveymonkey.com if protel runs a survey
Hotjar.com, ZOHO.com and Hubspot.com for Marketing.
If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.

If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within Germany and under the GDPR, as explained above in Part 9.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

How Can I Control My Personal Data?
In addition to your rights under the GDPR, set out in Part 5, when you submit personal data via Our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails.

Can I Withhold Information?
You may access certain areas of Our Site without providing any personal data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
You may restrict our use of Cookies. For more information, see “How Do You Use Cookies?”

How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

We use Cookies to facilitate and improve your experience of Our Site and to provide and improve our products and/or services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

By using Our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on Our Site for collecting personal data and other information you choose to provide to us (through forms) and for tracking the pages you visit to understand your interests.

For more details, please refer to the table below. These Cookies are not integral to the functioning of Our My Site and your use and experience of Our Site will not be impaired by refusing consent to them.

All Cookies used by and on Our Site are used in accordance with current Cookie Law.
Before Cookies are placed on your computer or device, you will be requested to provide your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.

Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

Our Site uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyze anonymous usage information, enabling us] to better understand how Our Site is used.

The analytics service(s) used by Our Site use(s) Cookies to gather the required information. You do not have to allow us to use these Cookies, however, whilst our use of them does not pose any risk to your privacy or your safe use of Our My Site, it does enable us to continually improve Our Site, making it a better and more useful experience for you.

You can choose to delete Cookies on your computer or device at any time, however, you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalization settings.

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:

protel hotelsoftware GmbH 
attn: Mr. Achim Kruse (DPO) 

Email address: ten.letorp@ztuhcsnetad
(datenschutz -at- protel-dot-net)
Telephone number: +49 (0) 231 915930
Postal Address: Europaplatz 8, 44269 Dortmund, Germany

Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

• browser type
• browser version
• operating system
• referrer URL (the previously visited web page)
• hostname of the accessing computer (IP address)
• time of server inquiry

This access data cannot be traced back to a particular person or persons. This data will not be combined with other data sources. The data will then be deleted after having been statistically processed for the user optimization of our website.

The sharing of personal data occurs as necessary for processing the contract, e.g., when commissioning a sub-contracted maintenance provider as defined by section 9 of the protel Terms and Conditions.

We will share your personal data with commissioned and affiliated companies (external business partner network) in order to operate our business activities, provide you with customer services, and for the constant improvement of our services. We commit ourselves to meet all of the required measures to guarantee the safe transmission and professional and responsible handling of your personal data.

After the contract has been processed, your personal data – provided by you and collected by us – will be blocked and/or deleted. Revenue-based and/or commercial-based regulations, possibly requiring longer retention periods, remain unaffected hereof.

We will use the transferred data solely for the processing of your inquiry or inquiries. The collection, saving, and further processing of your personal information, apart from what we require to process your inquiry, does not occur. The sharing of your personal data to third-party members does not occur without your prior consent unless we are required by law, official directive, or court order.

We will not send you the newsletter without your explicit consent. After registering, we will send you a confirmation link via email which you can use to activate your registration. Only after you have concluded this confirmation process, will you receive our newsletter.

You can unsubscribe from the newsletter at any time either by sending us an email or by using the unsubscribe link located in the newsletter.

You can always request information about which personal data we have collected and/or saved. This request is free of charge. According to the German Federal Data Protection Act, you have the right to the editing, blocking, or deletion of your personal data. You are entitled to object to the use of your personal data saved by us and to retract permission for the use of this data for future effect. In any of the cases mentioned above, please direct your inquiries in writing, email or via telephone to:

protel hotelsoftware GmbH
attn: Mr. Achim Kruse (DPO)

Email address: ten.letorp@ztuhcsnetad
(datenschutz -at- protel-dot-net)
Telephone number: +49 (0) 231 915930
Postal Address: Europaplatz 8, 44269 Dortmund, Germany

The so-called “persistent” cookies remain on your computer and allow us to identify your computer during your next visit. Cookies do not cause any damage to your computer, are not integrated into your PC system, and do not contain any viruses.

If you would prefer not to have cookies saved on your computer, you have the possibility of blocking or removing cookies in the relevant setting in your browser’s internet options. You can also choose to have the respective notices displayed before a cookie is being set. Should you decide to change your browser’s cookie settings or block their use the full functionality of our website cannot be guaranteed.

The information gathered by the cookie regarding your use of the website will be transmitted to and stored by Google on servers located in the United States. Google will use this information for the purpose of evaluating your use of the website and compiling reports on website activity, as well as providing other services relating to the use of the website. Google may also transfer this information to third parties when required to do so by law, or where such third parties process the information on Google’s behalf. According to Google, your IP address will not be merged with any other data held by Google.

You may prevent the saving of cookies by selecting the appropriate settings in your browser. You may opt out from the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this, you may not be able to use the full functionality of this website.

If you want to hinder your browser from sending information to Google when accessing the website, you can find an opt-out solution for Google Analytics here. The add-on hinders your browser from requesting the analytics code so that when you access a website, Google will not receive any data. The add-on is designed to be compatible with various browser types. As per Google, the browser blocks the Google Analytics script after installation.

We utilize the Google Analytics extension “-anonymizeIP()”. Therefore, IP addresses are only used in shortened version in order to eliminate direct reference to individuals. This guarantees that none of your detailed IP address data will be transmitted while accessing the website.

• Kissmetrics, a service of Space Pencil Inc., 407 Morning Lane Redwood City, CA 94065, USA,
• Hotjar, a service of Hotjar Ltd., 3 Lyons Range, 20 Bisazza Street, Sliema SLM 1640, Malta

By means of these services, information about visits to our website will be collected and sent to the respective provider’s server in anonymized form. The respective provider will use this information to evaluate the use of our website and compile reports for us about the activity on our website. In order to collect these data, the providers will utilize cookies (see section VII).

By making the respective changes to your browser’s settings, the installation of these cookies into your browser can be prevented; in this case, however, it is possible that you will not be able to use all of the functions of our website to its full extent.
Hotjar and/or the Kissmetrics tracking can be deactivated by using a “Do Not Track Header”. Once this has been activated, the providers will not be able to gather information about your user behavior.

Alternatively, you are entitled to directly object to the use of the services with future effect to Hotjar or Kissmetrics  – to do so, follow the directions provided in the linked websites.

Google uses cookies to perform an analysis of the website usage which allows the creating of interest-based advertising (more information about cookies in section VII). In this context, Google saves a small file with a numerical sequence which is stored in the browser of the user visiting the website. Visits to the website as well as the anonymized data regarding the use of the website are gathered by this numerical sequence. Personal data, however, is not saved.

For subsequent access to other internet websites in the Google Display Network, advertisements are displayed which are most likely determined by the product and information areas accessed by the user.

You may permanently disable Google’s use of cookies by accessing the following link and making the respective changes to the cookies settings:

• https://www.google.com/policies/technologies/managing/
• https://www.google.com/policies/technologies/ads/ 

You can make changes to the display settings at: https://www.google.com/settings/ads.

Alternatively, you may disable the use of cookies by third-party providers by accessing the deactivation page of the Network Advertising Initiative at https://www.networkadvertising.org/choices/, and utilizing the opt-out option described on this page.

More information regarding Google Remarketing or Google’s data protection declaration can be found here.

If you click on a Google ad, a cookie (compare with section VII) will be saved for conversion tracking, which enables the recognition of the internet browser and the analysis of your usage behavior on the site.

Cookies used for conversion tracking lose their validity after 30 days. They do not obtain any personal data, and are not used for personal identification. If our website is accessed before this time span, conversion tracking cookies allow to retrace the forwarding of the visitor to our site (especially after clicking on an advertisement). Each Google AdWords customer is allotted a special cookie.

By means of the information gathered by the conversion cookie, conversion statistics are created for AdWords customers who have decided to utilize Conversion Tracking. AdWords customers are primarily informed about the total number of users who have clicked on the advertisement and have been forwarded to a conversion tracking tagged page. However, they will not get any information identifying the users.

If you do not want to participate in the tracking process, you can deactivate the automatic setting of cookies in your browser’s settings. You can also specifically block cookies for the conversion tracking by modifying your browser’s settings, thus not permitting cookies from the “googleadservices.com” domain.

Click the links for further information as well as to view the Google Privacy Statement.

• Google Display Network Impression Reporting
• Integration of Double Click Campaign Manager
• Google Analytics Reports for performance based on demographic features and interests

These report functions enable us to use and evaluate data which have been collected by Google through the placement of interest-based advertising, as well as user data acquired in Google Analytics by third-party providers. The data includes information such as age, sex, and interests.

You can deactivate Google Analytics for display advertising at any time. You can also adjust the display of advertisements in the Google Display Network. To do so, simply access the Google Display settings.

Google’s Data Protection Declaration applies to the use of maps and to the “user-defined search”. To learn more, read Google’s Data Protection Declaration.

By using the maps and the “user-defined search” on our website, you are accepting Google’s Data Protection Declaration and are agreeing to Google using the data which might have been gathered by your use of the maps as well as the “user-defined search” function.

To ensure we are providing/erasing data of the right person we require you to provide us with proof of your identity and of your address. Please supply us with a photocopy or scanned image (do not send the originals) of one or both of the following:

1) Proof of Identity
Passport, photo driver’s license, national identity card, birth certificate.

2) Proof of Address
Utility bill, bank statement, credit card statement (no more than 3 months old);

If we are not satisfied you are who you claim to be, we reserve the right to refuse to grant your request.

Given the sensitive nature of erasing personal data, GDPR Article 17(1) requires certain conditions to be met before a request may be considered. Please supply us with the reason you wish your data to be erased and please attach any justifying documents to this one.

In certain circumstances, where erasure would adversely affect the freedom of expression, contradict a legal obligation, act against the public interest in the area of public health, act against the public interest in the area of scientific or historical research, or prohibit the establishment of a legal defense or exercise of other legal claims, we may not be able to erase the information you requested in accordance with article 17(3) of the GDPR. In such cases you will be informed promptly and given full reasons for that decision.

Please note that any attempt to mislead may result in prosecution.

• “Like” – or “Like” button – Facebook Inc. (compare section XI of provider);
• “Tweet” button – Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA;
• “Google +” button – Google Inc. (compare section VIII of provider);
• “Pin-it” button – Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA;
• “Share” button – XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany
• “Share” button – LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA, 94043, USA

The plug-ins are identifiable on our website by the above-mentioned names, logos, and icons.

When accessing a page from our website which contains such a plug-in, a connection will be made to the server of the respective provider and the plug-in will appear in your browser. The information about which of our pages you have visited will be forwarded to the server of the respective provider.

As long as you are logged in as a member of the respective social network, the provider will link this information to your personal user account. By using the plug-in functions (e.g., clicking the “Like” button), this data will also be linked to your personal social network account.

Should you want to prevent such a transfer of data, you will have to log out of the account for the respective social network before visiting our website.

Additional information about the scope to which your data is gathered, evaluated, and processed by the above-mentioned providers, as well as your related rights hereto, can be found in the privacy policies of the following providers: Facebook, Twitter, Google+, Xing, Pinterest, LinkedIn