Privacy Policy

1. General information

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The controller on this website is:
The Niche Traveller GmbH
Rothenbaumchaussee 58
20148 Hamburg
Germany

Phone: +49 40 41478434
E-mail: hello@niche-traveller.com

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).

Duration of storage

Unless otherwise stated in the following information, we only store the data for as long as necessary to achieve the purpose of processing or to fulfil our contractual or legal obligations. Such statutory storage obligations may result in particular from commercial or tax law regulations.

Data subject rights

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 SECT. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21 SECT. 1 GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 SECT. 2 GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in the imprint.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in the imprint. The right to demand restriction of processing applies in the following cases:

In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.

If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.

If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.

If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

2. Recording of data on this website

External Hosting

This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.

Our purpose is fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b DSGVO) and in the interest of secure, fast and efficient provision of our online services by a professional webhoster (Art. 6 para. 1 lit. f DSGVO). The stored data will be deleted after seven days unless there is a justified suspicion of illegal use based on concrete evidence and further examination and processing of the information is necessary for this reason.

Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data. In order to guarantee processing in compliance with data protection regulations, we have concluded an data processing agreement with our host.

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them or they are automatically eradicated by your web browser.

In some cases it is possible that third party cookies are stored on your device once you enter our site (third party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g. cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g. the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.

Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

In the event that third party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 Para. 1 lit. f DSGVO) or on your agreement (Art. 6 Para. 1 lit. a DSGVO) if this has been requested.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g. after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions – in particular retention periods.

Request by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases, the processing is based on your consent (Article 6 (1) a GDPR) and/or on our legitimate interests (Article 6 (1) (f) GDPR), since we have a legitimate interest in the effective processing of requests addressed to us.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

3. Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics uses so-called cookies. Cookies are text files, which are stored on your computer and that enable an analysis of the use of the website by users. The information generated by cookies on your use of this website is usually transferred to a Google server in the United States, where it is stored.

The storage of Google Analytics cookies and the utilization of this analysis tool are based on your consent, Art. 6 Para. 1 lit. a GDPR. The consent can be revoked at any time as described below.

IP anonymization

On this website, we have activated the IP anonymization function. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this website, Google shall use this information to analyse your use of this website to generate reports on website activities and to render other services to the operator of this website that are related to the use of the website and the Internet. The IP address transmitted in conjunction with Google Analytics from your browser shall not be merged with other data in Google’s possession.

Withdraw consent

You have the option to prevent the recording of your data by Google Analytics by clicking on the following link. This will result in the placement of an opt out cookie, which prevents the recording of your data during future visits to this website: Google Analytics deactivation.

Moreover, you have the option prevent the recording of the data generated by the cookie and affiliated with your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=en.

Archiving period

Data on the user or incident level stored by Google linked to cookies, user IDs or advertising IDs (e.g. DoubleClick cookies, Android advertising ID) will be anonymized or deleted after 14 month. For details please click the following link: https://support.google.com/analytics/answer/7667196?hl=en

Privacy Shield

When using Google Analytics, a transmission of the processed data to Google LLC based in the USA cannot be excluded by us. Google LLC (USA) is certified under the EU-US Privacy Shield and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

5. Google Ads

We use Google Ads to advertise this website in Google search results and on third-party websites. When you visit our website, Google sets a remarketing cookie, which automatically uses a pseudonymous cookie ID and the pages you visit to enable interest-based advertising. This serves to protect our predominantly legitimate interests in an optimal marketing of our website in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO. The data collected in this context will be deleted after we have ceased to use Google Ads Remarketing for the intended purpose and at the end of its use.

Further data processing will only take place if you have agreed to Google linking your web and app browser history to your Google account and using information from your Google account to personalise advertisements you see on the web. In this case, if you are logged in to Google while browsing our website, Google will use your information in conjunction with Google Analytics data to create and define cross-device remarketing audience lists. For this purpose, Google temporarily links your personal data to Google Analytics data in order to form target groups.

Google Ads Remarketing is a service provided by Google LLC. The Google LLC is headquartered in the USA and is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Due to this agreement between the USA and the European Commission, the latter has determined an appropriate level of data protection for companies certified under the Privacy Shield.

You can deactivate the remarketing cookie via this link. You can also contact the Digital Advertising Alliance to find out how to set cookies and to configure your settings.

6. Facebook Pixel

Our website uses the Facebook pixel for conversion tracking. This service is provided by Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland ("Facebook"). The pixel automatically collects and stores data (IP address, visit time, browser and device information, and information about your use of our website based on events defined by us, such as website visits and newsletter sign-ups), from which usage profiles are created using pseudonyms.

As part of the so-called advanced matching, hashed information for matching purposes is also collected and stored, which can be used to identify individuals (such as names and email addresses). When you visit our website, the Facebook pixel automatically sets a cookie that enables your browser to be recognized when you visit other websites, using a pseudonymous cookie ID.

According to Facebook, the data collected is also transferred to the USA and other third countries. This means that the behavior of website visitors can be tracked after they click on a Facebook ad and are redirected to the provider's website. This allows for the evaluation of the effectiveness of Facebook ads for market research and statistics purposes, and for optimizing future advertising campaigns based on this data. For us as website operators, the data collected is anonymous, and we cannot draw any conclusions about user identities. However, Facebook processes and stores the data, so a connection to the respective Facebook user profile and thus the use of the data for its own advertising purposes in accordance with the Facebook Data Policy is possible.

As a result, Facebook can display ads on Facebook pages and outside of Facebook. We as website operators cannot influence this use of data. The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR and section 25(1) TTDSG. You may revoke your consent at any time. The transfer of data to the USA is based on the standard contractual clauses of the European Commission. Further details can be found at the following links: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381.

Unless otherwise stated for each individual technology, Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland and we are jointly responsible for the processing of personal data collected and transmitted to Facebook using the tools described here (Art. 26 GDPR). This joint responsibility is limited exclusively to data collection and transmission to Facebook.

The subsequent processing by Facebook is excluded from this. The joint obligations are set out in an agreement on joint processing, the wording of which can be found at the following link: https://www.facebook.com/legal/controller_addendum

We are responsible for the data protection-compliant implementation of the Facebook tool and for providing data protection information when using the tool on our website. Facebook is responsible for the data security of Facebook products. If you wish to exercise data subject rights (such as access requests) regarding data processed by Facebook, you may do so directly with Facebook. If you make such requests with us, we are obligated to forward your request to Facebook. You can also disable the "Custom Audiences" remarketing feature in the Ad Settings section of https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. You must be logged in to Facebook to do this.

Facebook Analytics

As part of Facebook Analytics, statistics on visitor activity on our website are created from the data collected with the Facebook pixel. The data processing is based on an agreement on commissioned data processing by Facebook. The analysis serves to optimize the presentation and marketing of our website.

Facebook Ads

With the help of Facebook Ads, we advertise on Facebook as well as on other platforms for this website. We define the parameters of the respective advertising campaign. Facebook is responsible for the precise implementation, especially the decision on the placement of ads with individual users.

Based on the statistics on visitor activities on our website created via Facebook Pixel, we operate group-based advertising on Facebook via Facebook Custom Audience by determining the characteristics of the respective target group. In the context of the extended data matching process used to determine the respective target group (see above), Facebook acts as our data processor. Further details can be found in Facebook's terms of use: https://www.facebook.com/legal/terms/customaudience.

Based on the pseudonymous cookie ID set by Facebook Pixel and the data collected on your usage behavior on our website, we operate personalized advertising via Facebook Pixel Remarketing.

Through Facebook Pixel Conversions, we measure your subsequent usage behavior for web analysis and event tracking if you arrived at our website via a Facebook Ads advertisement. The data processing is based on an agreement on data processing by Facebook.

7. Newsletter

Newsletter data

If you would like to subscribe to the newsletter offered on this website, we will need from you an e-mail address as well as information that allow us to verify that you are the owner of the e-mail address provided and consent to the receipt of the newsletter. No further data shall be collected or shall be collected only on a voluntary basis. We shall use such data only for the sending of the requested information and shall not share such data with any third parties.

The processing of the information entered into the newsletter subscription form shall occur exclusively on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke the consent you have given to the archiving of data, the e-mail address and the use of this information for the sending of the newsletter at any time, for instance by clicking on the “Unsubscribe” link in the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place to date.

The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored for other purposes with us remain unaffected.

We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. In case of obligations to permanently observe contradictions, we reserve the right to store the e-mail address in a blacklist for this purpose alone.
The logging of the registration procedure is carried out on the basis of our legitimate interests for the purpose of proving that it has been carried out properly (Art. 6 Para 1 lit f GDPR). If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in an efficient and secure sending system (Art. 6 para 1 lit f GDPR).

MailChimp

This website uses the services of MailChimp to send out its newsletters. The provider is the Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.

Among other things, MailChimp is a service that can be deployed to organise and analyse the sending of newsletters. Whenever you enter data for the purpose of subscribing to a newsletter (e.g. your e-mail address), the information is stored on MailChimp servers in the United States.

MailChimp is certified under the Privacy Shield Agreement and warrants to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).

With the assistance of the MailChimp tool, we can analyse the performance of our newsletter campaigns. If you open an e-mail that has been sent through the MailChimp tool, a file that has been integrated into the e-mail (a so-called web-beacon) connects to MailChimp’s servers in the United States. As a result, it can be determined whether a newsletter message has been opened and which links the recipient possibly clicked on. Technical information is also recorded at that time (e.g. the time of access, the IP address, type of browser and operating system). This information cannot be allocated to the respective newsletter recipient. Their sole purpose is the performance of statistical analyses of newsletter campaigns. The results of such analyses can be used to tailor future newsletters to the interests of their recipients more effectively.

The data is processed based on your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke any consent you have given at any time by unsubscribing from the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place prior to your revocation.

For more details, please consult the Data Privacy Policies of MailChimp at: https://mailchimp.com/legal/terms/.

8. Processing of data (customer and contract data)

In order to establish or implement the contractual relationship with our customers, it is regularly necessary to process the personal data provided to us. The legal basis for this processing is Art. 6 Para. 1 lit. b GDPR. We also process customer and prospective customer data for evaluation and marketing purposes. This processing is based on the legal basis of Art. 6 Para. 1 lit. f GDPR and serves our interest in further developing our services and informing you specifically about offers from The Niche Traveller. Further data processing may be carried out if you have given your consent (Art. 6 para. 1 lit. a GDPR) or if it serves to fulfil a legal obligation (Art. 6 para. 1 lit. c GDPR).