Privacy Policy

We value the protection of personal data. In the following, we inform you about the type, scope and purposes of the collection, processing and use of personal data. You can access this declaration at any time via our website. You can access this website at any time without providing information about yourself. If you have been referred to our website via links from third-party sites, please also inform yourself about the handling of your data by the third party in the privacy policy of the third party.

1. Scope and data processing entity/controller

This privacy policy applies

– to the use of our websites www.nightowl.app and www.nightowl-app.com; – to the use of the services of

Nightowl UG (limited liability), Max-Eyth-Straße 20, 70839 Gerlingen.

The data processing entity is the

Nightowl UG (limited liability) Max-Eyth-Straße 20 70839 Gerlingen.

We collect, process and use your personal data exclusively in accordance with the provisions of German data protection law, the basis of which is found in the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and the General Data Protection Regulation (GDPR).

2. Categories of personal data collected

When using or registering on our websites as well as booking services on our websites, we collect personal data. When generally using the websites, your IP address is collected. In addition, the following personal data is collected during registration and booking of services via our websites:

– First and last name, – Address, – Email address.

If you enter personal data into the input fields of our website, enter it into forms provided by us or make it available to us in any other way, this data will also be collected.

The data collection serves to carry out the services necessary for contract fulfillment. For data entered online, the data collection additionally serves to improve our online services. The legal basis for this is Art. 6 para. 1 f. GDPR.

Should the data be used for purposes other than contract fulfillment or the improvement of our online services, we will obtain your prior consent to such data processing. The legal basis in this case is Art. 6 para. 1 a. GDPR.

3. Duration of storage, deletion of personal data

The data collected and processed by us is only stored until the storage purpose is achieved, unless we are obliged to store it longer due to national or European legislation.

After achieving the storage purpose, the data will be deleted. Should earlier deletion be mandatory due to national or European legislation, the deletion will take place at the time specified by the legislator.

4. General data transmission, logging and processing for system-internal and statistical purposes when using the website

When using our website, general data is also collected for each access, which is not personal and varies depending on the individual page visited. This data collection serves to transmit the online content and improve the online offer.

The collected data includes: name of the retrieved website or file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, reference URL (the page that redirected to our page) and the requesting provider.

It is not possible for us to assign this data to a specific person. This data is not merged with other data sources.

In addition, the user’s IP address is also collected. This is sometimes classified as personal data, so you have the rights mentioned in this privacy policy in this regard.

We reserve the right to subsequently check the log data if there is reasonable suspicion of unlawful use based on concrete evidence.

Should third-party services be integrated on our site, the data mentioned in this section will also be collected by these third parties. The integrated third-party services are each listed in their separate subsection in this privacy policy.

5. Cookies

Cookies are text information that a visited website stores on the user’s computer via the user’s browser. The storage takes place either temporarily in the working memory (so-called session cookies) or permanently on the hard disk (so-called permanent cookies). Cookies send the cookie information back to the server when the same website is visited again and thus enable the identification of the user. For example, user statistics can be collected or the web offer can be adapted to the respective user. This data is sometimes used to personally identify the visitor to this website as a returning reserving guest and contains the visitor’s name and telephone number if the visitor decides when making a reservation that he wants to be recognized on his next visit to a website that uses our tools. This use of cookies can be prevented at any time by deleting the cookies in the browser and on the visitor’s end device.

We use both session cookies and permanent cookies on our website and thus collect, process and use your usage data. We use cookies to make our website more user-friendly, effective and secure and to offer our users optimal user guidance as well as varied content. The data you enter on our website is stored in a cookie that is stored exclusively on your end device. Data is transmitted to the servers of our website with each individual page request and may be stored in cookies. Should advertisements be placed on one of our pages, the advertising partners behind the advertisement also use cookies to optimize the placement of advertisements.

Our website can also be used without cookies. Users must deactivate or restrict the storage of cookies in their browser. The browser can also be set so that users receive a notification as soon as a cookie is sent. Cookies can also be deleted from a PC’s hard drive at any time. This is possible both manually by deleting the “Cookies” folder and in many browsers via the corresponding delete function.

The use of the website or parts of our website may be restricted, less user-friendly or completely impossible when deactivating the storage of cookies, as certain functions of our website are only available if consent to the storage of cookies has been given.

6. Contact form

When contacting us via the contact options provided on our website (contact form) or by email, the data provided, which is necessary for processing the contact and the underlying request, is stored and processed. In particular, your first and last name, email address and telephone number are processed and stored for the purpose of processing the request, insofar as you enter this into the input masks. The legal basis for this is Art. 6 para. 1 f. GDPR.

7. Newsletter

Users can register for our newsletter on our website to be informed about news. In the context of newsletter registration, personal data is processed automatically. The email address and IP address of the user are stored. The data entered and collected during registration is used exclusively for the purpose of sending the newsletter and within the scope of the user’s consent. The user can also revoke consent to the storage and processing of data at any time after registering for the newsletter via a link in the newsletter or by notification to our above contact details. We must log the newsletter registrations in order to be able to prove proper registration. For this purpose, we store the registration and confirmation time as well as the IP address of the users as part of the registration.

The legal basis for the collection and processing of personal data when registering for the newsletter is Art. 6 para. 1 a. GDPR.

8. Integration of third-party services on the website

Individual content, functions and offers on our website are integrated content from third parties. The functionality of this content, functions and offers requires that the user’s IP address is collected by these third parties and may be stored. We integrate third-party content as far as possible only where the user’s IP address is collected merely for the display of the content and for no other purposes. However, we have no influence on the specific use of the IP address by third-party providers. We inform our users about the use of the IP address by third-party providers in the following according to our knowledge.

We use the following services from Google, where personal data is processed:

The applicable privacy clauses can be found here: https://business.safety.google/privacy/

a) Google Fonts

Our website uses so-called web fonts provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”) to display fonts uniformly. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

For this purpose, the browser establishes a connection to Google’s servers. Therefore, Google is informed that your website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and attractive presentation of our online content. This is a legitimate interest within the meaning of Art. 6 (1) (f) GDPR.

b) Google Analytics

Our website uses the analysis service Google Analytics, a web analysis service by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the case of activation of IP anonymization on this website, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide other services related to website use and internet use to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; however, we point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link (http://tools.google.com/dlpage/gaoptout?hl=de).

c) Google Tag Manager

We use Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Google Tag Manager is a tool that helps us integrate tracking or statistics tools and other technologies on our website. Google Tag Manager itself does not create user profiles, does not store cookies and does not perform independent analyses. It only serves to manage and deploy the tools integrated via it. However, Google Tag Manager records your IP address, which can also be transmitted to Google’s parent company in the United States.

The use of Google Tag Manager is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the quick and uncomplicated integration and management of various tools on his website. If appropriate consent has been requested, processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.

d) Hotjar

This website uses Hotjar. The provider is Hotjar Ltd., Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta, Europe (Website: https://www.hotjar.com).

Hotjar is a tool for analyzing your user behavior on this website. With Hotjar, we can record your mouse and scroll movements and clicks, among other things. Hotjar can also determine how long you stayed with the mouse pointer on a certain spot. From this information, Hotjar creates so-called heatmaps, which can be used to determine which website areas are preferred by website visitors.

Furthermore, we can determine how long you stayed on a page and when you left it. We can also determine at which point you canceled your entries in a contact form (so-called conversion funnels).

In addition, direct feedback from website visitors can be obtained with Hotjar. This function serves to improve the web offerings of the website operator.

Hotjar uses technologies that enable the recognition of the user for the purpose of analyzing user behavior (e.g. cookies or use of device fingerprinting).

Insofar as consent has been obtained, the use of the aforementioned service is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 TTDSG. Consent can be revoked at any time. Insofar as no consent has been obtained, the use of this service is based on Art. 6 para. 1 lit. f GDPR; the website operator has a legitimate interest in analyzing user behavior in order to optimize both his web offering and his advertising.

Deactivating Hotjar

If you want to deactivate data collection by Hotjar, click on the following link and follow the instructions there: https://www.hotjar.com/policies/do-not-track/

Please note that the deactivation of Hotjar must be done separately for each browser or end device.

More information about Hotjar and the data collected can be found in Hotjar’s privacy policy at the following link: https://www.hotjar.com/privacy

Further information on terms of use and privacy can be found at http://www.google.com/analytics/terms/de.html and at https://www.google.de/intl/de/policies/. We point out that Google Analytics has been extended with the code “anonymizeIp” on our website to ensure anonymized collection of IP addresses (so-called IP masking).

As an alternative to the browser add-on or within browsers on mobile devices, please click the following link to prevent future collection by Google Analytics within our website. An opt-out cookie will be stored on your device. If you delete your cookies, you must click this link again.

9. Your rights

You have the following rights regarding your personal data:

a. Information

You have the right at any time to information about the data stored about you, their categories, origin and recipients as well as the purpose of collection, processing and storage and their duration. You also have a right to information about the existence of a right to correction, deletion or restriction of data processing as well as the existence of a right to data transfer. You will receive the aforementioned information and all other legally provided information at the address given in the imprint.

b. Correction, deletion, restriction

You also have the right to correction of incorrect data and to blocking or deletion of personal data, insofar as no legal retention obligations oppose this. You can also have the scope of processing restricted.

c. Objection to processing

You have the right to object to the processing of your personal data. We will then no longer process the personal data unless there are compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

d. Data transfer

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us, provided that the processing is based on consent according to Article 6 paragraph 1 letter a GDPR or Article 9 paragraph 2 letter a GDPR or on a contract according to Article 6 paragraph 1 letter b GDPR and the processing is carried out using automated procedures.

e. Right to erasure (“right to be forgotten”)

You have the right to demand that the personal data concerning you stored with us be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:

– The personal data was collected or otherwise processed for purposes for which it is no longer necessary. – You revoke your consent on which the processing was based according to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR, and there is no other legal basis for the processing. – You object to the processing according to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing according to Art. 21 para. 2 GDPR. – The personal data has been processed unlawfully. – The deletion of personal data is necessary to fulfill a legal obligation under Union law or German law. – The personal data was collected in relation to information society services offered according to Art. 8 para. 1 GDPR.

f. Right to complain to supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to complain to the competent supervisory authority (such as the state data protection officer), particularly in the member state of your residence, workplace or the place of the alleged violation, if you believe that the processing of personal data concerning you violates the provisions of the General Data Protection Regulation.

If data processing is based on consent previously given by you, you can withdraw this consent at any time. The withdrawal does not affect the lawfulness of the processing carried out until the withdrawal.

h. Addressee for exercising your rights

If you wish to assert the aforementioned rights against us, please direct your request stating your current or address deposited with us and your email address (if available)

by letter to

Nightowl UG (limited liability) Max-Eyth-Straße 20 70839 Gerlingen

by email to

[email protected].

10. Applicable law

Exclusively German law applies.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Imaginary, USA, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts located in Imaginary City, USA.

Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on this page. Your continued use of the Website constitutes acceptance of the revised Terms.

Contact Us

If you have any questions or concerns about these Terms, please contact us at:

NIGHTOWL

Email: [email protected]
Address: NIGHTOWL GmbH, Deutschland

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