Privacy Policy

1. General

Stadtmarketing Kempten GmbH operates the website http://www.kempten-tourismus.de/. The following privacy policy will inform you to what extent personal data is collected when using our website and the purpose and the legal basis for processing this data.

Stadtmarketing Kempten GmbH will also provide advice regarding the rights you have in connection with this.

Please bear in mind: This Privacy Policy only applies to the website http://www.kempten-tourismus.de/ including possible sub-pages and micro-sites.

On http://www.kempten-tourismus.de/ you may be directed to other websites (e.g. to the website of the town of Kempten or to the websites of hotels, museums, bicycle rentals, etc.). These sites have their own privacy policys that can be found on the relevant pages.

Handling your personal data correctly takes absolute priority at Stadtmarketing Kempten GmbH. When processing data we observe the legal regulations of the General Data Protection Regulation (GDPR) as well as related national regulations.

It is possible to visit our website without leaving any personal data. We do, however, collect personal data in some cases,

when you use the contact form in the chatbot
when you order brochure material
when you are included in the media distribution list or request media material
when an order is processed via the Souvenir Shop
when you use your user account
when you request information and register for guided tours in town
when you book online using our booking forms
when you book accommodation (hotel room, holiday flat, etc.)
when you reserve tickets and request information (e.g. Showroom Erasmuskapelle)
when you use our guest Wi-Fi
by session cookies used for website tracking and our Google Analytics tracking software;
to secure our web server and to guarantee the functionality of our online services;
to advertise our own offers by surface mail, e-mail or newsletter.

Personal data is exclusively processed for a specific purpose (purpose-limitation principle). In addition, we regularly check our practices on data processing to ensure that we process as little personal data as possible (data-minimisation principle).

2. Details about the person responsible

Below please find the details of the person responsible as per Art. 4 Para. 7 GDPR:

Company name & legal form: Stadtmarketing Kempten GmbH
Represented by: Ekaterina Avdosyev

Address of main office as per Art. 4 Para. 16 GDPR: Rathausplatz 22, 87435 Kempten

Contact details of Kempten Tourismus:
Tel: +49 (0) 831 960955-0
Fax: +49 (0) 831 960955-10
Eail: info@kempten-tourismus.de

3. What is personal data?

Personal data is all information referring to an identified or identifiable natural person; a natural person is considered as identifiable if he or she can be identified directly or indirectly in particular by being assigned to a name, for example. Personal data includes information such as, for example, your name, address, telephone number and your date of birth (if indicated). Statistical information that cannot be connected to you either directly nor indirectly – such as the preference for individual websites that we offer or the number of users on one site – do not fall into the category of personal data.

4. Protection of underage persons

Our website is not targeted at underage persons and we do not intentionally collect the personal data of underage persons. Insofar as persons below the age of 16 transmit personal data to us, this is only permitted provided that the parents/legal guardians themselves have given permission or have approved of the young person’s permission. In this respect we need to know the contact details of the parents/legal guardians in compliance with Art. 8 Para. 2 GDPR so that we can be assured of the permission or the approval given by the parents/legal guardians. This data, as well as the data of the underage person, is subsequently processed in accordance with this Privacy Policy. Should we detect that a person under the age of 16 has sent us personal data without the permission obtained from the parents/guardians or without the parents’/guardian’s approval, the data is deleted at once.

5. Purpose of and legal basis for data processing

Your personal data is processed for the following purpose and based on the following legal regulations:

Fulfilling legal obligations and municipal statutes in accordance with Art. 6 Para. 1 (c) GDPRGDPR
Fulfilling sovereign tasks in accordance with Art. 6 Para. 1 (e) GDPR
Order preparation and processing in accordance with Art. 6 Para. 1 (b) GDPR
Carrying out pre-contractual measures in accordance with Art. 6 Para. 1 (b) GDPR
Personnel and resources management based on Art. 6 Para. 1 (b) GDPR
(End-) customer management in accordance with Art. 6 Para. 1 (a), (c), (e) and (f) GDPR
Communication and data exchange in accordance with Art. 6 Para. 1 (a), (b), (c), (e) and (f) GDPR
External presentation and advertising in accordance with Art. 6 Para. (a) and (f) GDPR
Implementing approval declarations in accordance with Art. 6 Para. (a) GDPR
Appropriate operation of a data-processing plant in accordance with Art. 6 Para. 1 (c) in connection with Art. 32 GDPR and Art. 6 Para. 1 (f) GDPR

6. Rights of persons concerned

6.1. Right to obtain information and data transferability

You are entitled at any time to obtain information about personal data referring to your person and processed by us in compliance with Art. 15 GDPR.
Insofar as the data processing is based on your approval or complies to Art. 6 Para. 1 (b) GDPR, you may request, in compliance with Art. 20 Para. 1 DGVO, to obtain your saved personal data in a structured, common and machine-readable format or to have the data transferred to the system of a third party. You are thus entitled to the direct transfer of your data.

6.2. Right to correction, restriction and deletion

Furthermore and in compliance with Art. 16 to 18 GDPR, you may request us to correct, restrict (block), or delete your personal data if we have incorrectly processed your data, there is a reason for a restriction of further processing your data or the processing of data has become illegal for various reasons, or if the saving of the data is impermissible for other legal reasons. We would like to point out that your right to deletion may be restricted due to legally set deadlines for storage.

6.3. Rights to object

If our data processing is solely based on our legitimate interest in accordance with Art. 6 Para. 1 (f) GDPR, you are entitled to object to the processing in accordance with Art. 21 GDPR. We will subsequently stop processing your data, unless we can provide evidence of reasons why the processing is to be protected which override your interests, rights and freedom or the processing serves to assert, exercise or defend a legal claim. Furthermore you are always entitled to object to your data being used for the purpose of direct advertising with a view to the future in compliance with Art. 21 Para. 2 GDPR.

6.4. Right of revocation

If you have allowed us to process your personal data, you have the right of revocation in compliance with Art. 7 Para. 3 GDPR to come into effect in the future.

6.5. Rights within the scope of automated individual decisions

Principally you have the right not to be subjected to an automated individual decision in compliance with Art. 22 Para. 1 GDPR.
Insofar as such an automated individual decision is permissible in compliance with Art. 22 Para. 2 (a) to (c) GDPR, we grant you the following rights in compliance with Art. 22 Para. 3 GDPR:

Right to present own point of view
Right of objection to achieve that a person intervenes on the part of the person responsible
Right to challenge the automated individual decision (appeal law).

6.6. Right to complain to the supervisory authority

You are free to file a complaint with a supervisory authority if you are of the opinion that the processing of your personal data violates the General Data Protection Regulation or related national regulations, Art. 77 GDPR.

6.7 Contact details

In order to exercise your right, you can send us an informal notice using the following mean. In the same way, please send the revocation of your permission detailing which declaration of permission you wish to revoke to the following address:
Company name & legal form: Stadtmarketing Kempten GmbH
Address: Kempten Tourismus, Rathausplatz 24, 87435 Kempten

Email: datenschutz@kempten-tourismus.de

7. Securing the web server

In order to secure our web server and to guarantee the functionality of our online services, upon your visit to our website, the web servers save the connection data of the enquiring computer, websites that you visit, date and period of the visit, identification data of the browser and type of operating system used, as well as the website from which you are visiting us as a standard and on a temporary basis. Art. 6 Para. 1 (c) in connection with Art. 32 GDPR, Art. 6 Para. 1(f) GDPR form the legal basis for this.

This data file consists of

The site from which the data file is requested;
Name of data file;
Date and time of day of enquiry;
The quantity of data transferred;
The status of access (data file transferred, data file not found),
Description of type of web browser used;
IP address of enquiring computer shortened by the last eight digits.

This data is saved anonymously. It is therefore impossible to set up a personal user profile.

8. Online-Services

On the Internet platform of kempten-tourismus.de you can, for example, request services via an online form. For these services, personal data necessary for providing a service and entered voluntarily via a form (e.g. title, forename, surname, address with street, house no., postcode, town and country, email address) is collected.

Data that we collect from you in this way is processed for preparing and processing a contract in compliance with Art. 6 Para. 1 (b) GDPR, to fulfil legal obligations in accordance with Art. 6 Para. 1 (c) GDPR, for the purpose of (end) customer management in compliance with Art. 6 Para. 1 (a), (c) and (f) GDPR, the communication and data exchange in accordance with Art. 6 Para. 1 (a), (b), (c) and (f) GDPR, the external presentation and advertising in accordance with Art. 6 Para. 1 (a) and (f) GDPR and to secure an appropriate operation of the data-processing plant in accordance with Art. 6 Para. 1 (c) in connection with Art. 32 GDPR and Art. 6 Para. 1 (f) GDPR. The data is saved as long as it is required for processing or until a deadline expires of possible subsequent retention periods.

Ordering brochures

Under https://www.kempten-tourismus.de/prospekte.html you can order brochures.

Order processing via our Souvenir Shop

Under http://www.kempten-tourismus.de/souvenir-shop.html you can process orders of our products via our online shop.

Requests for information & registration for guided tours of town

Under http://www.kempten-tourismus.de/fuehrungen-441.html you can register for guided tours of town or obtain relevant information.

Request for information, bookings and bookings liable for payment of guided tours of groups

Under https://www.kempten-tourismus.de/gruppenfuehrungen.html you can register for guided tours or request relevant information. In case of non-regular, private guided tours of groups (individual groups), we only act as intermediary for a contract signed between the guest or the person ordering the tour and the executing guide. The conditions of setting up and the contract conditions of the general Terms and Conditions regulate the relationship between us as intermediary and the customer as well as the service contract relationship between the customer and the guide proposed by us.

The guides are exclusively responsible for the processing of data provided by you in the course of obtaining information or registration as per Art. 4 Para. 7 GDPR.

For obtaining information and booking accommodation liable for payment under

https://www.kempten-tourismus.de/hotels.html#/unterkuenfte or under

https://www.kempten-tourismus.de/ferienwohnungen-privatzimmer.html#/unterkuenfte you can enquire about accommodation (hotel room, holiday flat, etc.) or book online via the system Deskline (by Feratel).

If you book with a hotel directly, this recipient is responsible for your booking and the related data processing in terms of Art. 4 No. 7 GDPR.

For requesting information, reservations and booking tickets liable for payment in the Erlebnis Shop

Under www.kempten-tourismus.de/erlebnis-shop.html#Erlebnisse you can enquire about tickets via the system Deskline (by Feratel) for events (public guided tours of town, indoor and outdoor activities) and book online.

For external services (we are not the provider) we act exclusively as intermediary of a contract between customer or the person booking a service and the executing service provider. The conditions of setting up and the contract conditions of the general Terms and Conditions regulate the relationship between us as intermediary and the customer as well as the service contract relationship between the customer and the service provider proposed by us.

The proposed service providers are exclusively responsible for processing the data provided by you in the course of obtaining information or registration in terms of Art. 4 Number 7 GDPR.

Being added to media distribution

Under https://www.kempten-tourismus.de/presse.html you can register to be included in media distribution.

9. Newsletter

If we wish to use your email for marketing purposes, we will request your explicit permission beforehand. We will not send you any email advertising without you having given your explicit permission to do so (e.g. online newsletter). Should you have given us permission to process your data for the purpose of email marketing, you may revoke your permission any time in future. Simply send us a message in text form to the contact details above. Data files evidencing the double-opt-in procedure or your agreement to the privacy policy as well as your revocation will be retained for a period of 6 years in compliance with Art. 17 Para. 3 (e) GDPR. Your personal data, however, is blocked from being processed further during this period.

The following data is requested from you when you register for the newsletter under https://www.kempten-tourismus.de/newsletter-anmeldung.html:

Title (mandatory)
Forename (mandatory)
Surname (mandatory)
Email address (mandatory)

Data that you give us when registering for the newsletter is processed for the purpose of communication and data exchange in compliance with Art. 6 Para. 1 (a), (b), (c) and (f) GDPR. This data is saved as long for as its processing is required for this purpose or until the subsequent possible retention period expires.

10. Advertising by surface mail

Insofar as you have registered with us or have signed a contract with us, we reserve the right to use the processed data to send you advertising material by post. For this purpose we process data given to us by you. This includes:

Title
Forename
Surname
Address or address of your company
Country of origin or that of your company
Telephone number
Email address

We will need your name, your company and address to send you advertising material by surface mail, as well as to identify you and check your consent. Any of your details beyond this are voluntary.

Art. 6 Para. 1 Sentence 1 Letter a GDPR is the legal basis for processing your data, insofar as you have given us permission to contact you by surface mail. In all other cases we will send you advertising material by mail based on Art. 6 Para. 1 Sentence 1 (f) GDPR. We have a legitimate interest to carry out direct marketing.

Information on the right of appeal
You are entitled to revoke your permission for your personal data to be used for the above-mentioned marketing purposes at any time in the future. We do however point out that as an exception you may still receive advertising material although you have already filed your appeal. This owes to the fact that we need time within the scope of selection and it does not mean that we have not accepted your appeal. We will delete your data as soon as you have revoked your approval to receive postal advertising material or we will stop sending advertising material by mail and there is no legal obligation for retention.

11. Prize competition

From time to time you can take part in prize competitions or similar promotions on our website. As part of these promotions the following data may be collected and saved for the purpose of processing the competition:

Title
Forename
Surname
Address with street, house number, postcode and town
Email address

Insofar as you disagree with making these details available or you object to your personal data being used prior to establishing or sending out the prizes from the competition, you may not take part in a competition or receive a prize. By entering your personal details, you confirm that you wish to take part in the competition voluntarily. We process your personal data to fulfil the prize competition contract in compliance with Art. 6 Para. 1 (b) GDPR. Personal data given to us by you as part of such a promotion is exclusively used to process the promotion (in case of a prize competition or to establish prizes, provide notification of a prize win, and send the prize). Only those responsible for the prize competition have access to this data.

No data is transmitted to third countries. Your personal data is retained for the period of the prize competition and is subsequently deleted insofar as there is no obligation for retention (especially in case of a prize win) or we need the data to assert, exercise or defend legal claims, Art.17 Para. 3 (b), e) GDPR: Once the promotion is finished, the data of the participants who did not win is blocked at once or, in the case of the winner, only blocked and deleted after the statutory retention period has expired.

12. Recipients of data

Access to your personal data saved with us is restricted to our employees and service providers commissioned by us who have to handle this personal data as part of their work. In addition, personal data is transmitted to listed recipients when you book tickets, accommodation and guided tours of town.

13. Analysing tools and Social Media

13.1 Cookies

We use cookies in order to guarantee the functionality and to optimise the usability of the website. Cookies and similar technology are very small text documents or codes that often contain an unambiguous identification code. When you visit a website or use a mobile application, a computer asks your computer or your mobile device for permission to save this data file on your computer or mobile device in order to gain access to information. Information that is collected by cookies or similar technology could include the date and time of day of visit as well as the way you use a certain website or mobile device. You can decide upon any cookies apart from the necessary ones. You can change the settings in your browser setting to block cookies. Most browsers offer an explanation of what to do in their “Help Function”. Should you block cookies, however, it is possible that you may not be able to use all technical functions on our website and that this may have a negative effect on your experience on this website.

Art. 6 Para. 1 (f) GDPR is the legal basis for processing personal data by using cookies. Our legitimate interest is to guarantee and optimise the functionality and usability of the website.

We use the following types of cookies for our website:

Necessary cookies:

These cookies are needed for the website to function appropriately.
Performance cookies: These cookies are used to collect statistical information on the use of our website and are used to increase the performance and to optimise the website.

13.2 Accept cookies with CookieFirst

In order to facilitate the way you use cookies on our website, we use the SaaS solution "Cookie First" to manage the consent of cookies. "Cookie First" is an SaaS (Software as a Service) by Digital Data Solutions B.V., Plantage Middenlaan 42a, 1018DH Amsterdam, Netherlands, registered at the Dutch Chamber of Commerce (Kamer van Koophandel) under the registration number 75762277.

"Cookie First" also enables you to reject all cookies apart from those that are needed to use the website. Your cookie preferences are saved in a cookie on this website. If you confirm the “Accept” button of the cookie tag, you give your approval for the pre-set cookies, which can be revoked at any time. You can change the set cookies or revoke your consent at any time by simply clicking on the fingerprint symbol (data protection setting) at the bottom left.

You can click “Cookie First”, to view the cookie guidelines with further details of the cookies that we use.

Using "Cookie First" has the purpose of obtaining the legally prescribed approval for the use of cookies. The legal basis for this is Art. 6 Para. 1 Sentence 1 (c) GDPR.

13.3 Google Web Fonts

This website uses web fonts made available by Google for a coherent representation. The Google Fonts are installed locally. There is no connection to Google servers at all.

13.4 Google Maps

This site uses the Google Maps service via an API. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

In order to use the functions of Google Maps, it is necessary to save your IP address.

This information is transmitted as a rule to a Google server in the United States and saved there. The provider of this website has no influence on this data transfer. Using Google Maps is done in the interest of an attractive presentation of our online offers and also to facilitate finding the places mentioned on our website. This is a legitimate interest in terms of Art. 6 Para. 1 (f) GDPR.

Find more information on handling user data in the Google Privacy Policy: https://policies.google.com/privacy?hl=de.

13.5 Google Tag Manager

For transparency reasons we point out that we use Google Tag Manager. Google Tag Manager is a product by Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, U.S. (“Google”), which enables us to manage the website tags of applications such as Google Analytics via an interface. The Tag Manager is a non-cookie domain and does not record personal data. You can find more information on Google Tag Manager under https://www.google.com/intl/de/tagmanager/use-policy.html.

13.6 Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer to help the website analyse how users use the website. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.

If IP anonymisation is activated on this website, your IP address will be truncated within the area of the Member States of the European Union or other parties of the Agreement on the European Economic Area. Only in exceptional cases will the whole IP address be first transferred to a Google server in the United States and truncated there. Google will use this information on our behalf to evaluate your use of the website, compiling reports on website activity for website operators, and providing them with other services relating to website activity and Internet usage. The IP address that your browser conveys within the scope of Google Analytics will not be associated with any other data held by Google. There is a possibility to object to a web analysis by Google Analytics, by setting an “Opt out” cookie that instructs Google not to save or use your data for the purpose of web analysis. Please remember that, with this solution, the web analysis does not work as long as the “Opt out” cookie is saved by the browser. If you want to set the “Opt out” cookie now, click on https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable

You can also prevent the cookies from being saved by setting your browser software accordingly. May we however point out to you that in this case you will not be able to use all functions of this website to their full extent. Beyond that it is possible that the recording of data generated by the cookie relating to your using the website (including your IP address) can be prevented as well as the processing of this data by Google by downloading and installing the following browser plug-in under this link. The current link is: http://tools.google.com/dlpage/gaoptout?hl=de.

Data processed by: Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Recipient of data: Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Privacy-Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

13.7 YouTube with extended data protection

Our website uses plug-ins on the YouTube website. Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland, operates this site.

We use YouTube with an extended data-protection mode. According to YouTube this mode prevents YouTube from saving information about visitors to this website prior to viewing the video. However, passing data on to YouTube partners is not necessarily excluded by this extended data protection mode. In this way YouTube builds up a connection to the Google DoubleClick network, irrespective of whether you view the video or not.
As soon as you start watching a YouTube video on our website, YouTube connects to the servers. In this way the YouTube server is informed about which of our sites you have visited.

Once you are logged into your YouTube account, you enable YouTube to assign your surfing behaviour to your personal profile. You can prevent this by logging out of your YouTube account.

Furthermore, YouTube can save various cookies on our end device once you start watching a video. By means of these cookies YouTube receives information of visitors of our website. This information is used to record video statistics, improve user friendliness, prevent fraud, and more. The cookies remain on your end device until you delete them.

It is also possible that further data processing is triggered once you view a YouTube video, which we cannot influence.

Data processed by: Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Recipient of data: Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, U.S.
Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
Privacy-Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Using YouTube is of legitimate interest with a view to presenting our online offers in an appealing way. This is a legitimate interest in terms of Art. 6 Para. 1 (f) GDPR. Find more information on the YouTube Privacy Policy under: https://policies.google.com/privacy?hl=de.

13.8 Social Media Links

We use social media and networks. Videos are distributed via YouTube, current messages via Facebook and Instagram (Social Media). We take the protection of your personal data very seriously, so as a rule we refrain from directly implementing social plug-ins on Facebook. We only make links available on our websites to these social networks. By selecting the relevant links, data is transferred to the relevant provider.

May we point out in particular that Facebook, Instagram and YouTube save their users’ data (e.g. personal information, IP address, etc.) in accordance with their guidelines of handling the use of data and use it for commercial purposes. We do not know how the social networks raise and process data.

Find further information in the privacy policys of Facebook / Instagram and Google.

The relevant provider is subsequently responsible for maintaining the relevant data protection regulations also regarding that the information for data processing made available there is correct, up-to-date and complete as per Art. 4 Para. and 17 GDPR.

14. Data security

We maintain a wide array of safety measures as per Art. 32 GDPR (technical and organisational measures) to protect your personal data.

On our website we offer you SSL/TLS encoding with the current encoding protocol TLS v1.2 for a secure transfer of data that you give us. May we point out that the extensive encoding of the transmission path also depends on your Internet browser. We therefore recommend that you keep your Internet browser up-to-date so that an encoding via TLS v1.2 can be built up automatically once you visit our website.

Should you contact us via email, we cannot guarantee that the transmitted information will be kept confidential. The content of emails may be read by third parties under certain circumstances. We therefore recommend that you allow us to have confidential information by surface mail or via an https-encoded contact form.

Kempten, 02/01/2024

Stadtmarketing Kempten GmbH

Fan page Instagram

Supplementary privacy policy for the fan page on Instagram
www.instagram.com/kempten.tourismus

www.instagram.com/dein.kempten.erleben

Fan page Facebook

Supplementary privacy policy for the fan page on Facebook
www.facebook.com/kempten.tourismus