Data Privacy Policy

With this Privacy Policy, we inform you about the personal data we process in connection with our activities and operations, including our website. We specifically inform you about why, how, and where we process personal data. We also provide information about the rights of individuals whose data we process.

For individual or additional activities and operations, additional privacy policies as well as other legal documents such as General Terms and Conditions (GTC), Terms of Use, or Participation Conditions may apply.

We are subject to Swiss data protection law as well as potentially applicable foreign data protection law, especially that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

1. Contact Addresses

Responsible for the processing of personal data:

AG Hotel Waldhaus Sils
Via da Fex 3
7514 Sils/Segl Maria

In individual cases, there may be other controllers for the processing of personal data or joint responsibility with at least one other controller.

1.1 Data Protection Officers or Advisers

We have the following data protection officer or adviser as a point of contact for data subjects and authorities regarding data protection inquiries:

Patrick Dietrich
AG Hotel Waldhaus Sils
Via da Fex 3
7514 Sils/Segl Maria

1.2 Data Protection Representation in the European Economic Area (EEA)

We have the following data protection representation according to Art. 27 GDPR:

VGS Datenschutz­partner GmbH
Am Kaiserkai 69
20457 Hamburg

The data protection representation serves as an additional point of contact for inquiries related to the GDPR for data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA).

2. Terms and Legal Bases

2.1 Terms

Personal data refers to any information relating to an identified or identifiable natural person. A data subject is a person about whom we process personal data.

Processing includes any handling of personal data, regardless of the means and methods used, such as querying, comparing, adapting, archiving, retaining, retrieving, disclosing, obtaining, capturing, collecting, deleting, disclosing, arranging, organizing, storing, modifying, disseminating, linking, destroying, and using personal data.

The European Economic Area (EEA) includes the Member States of the European Union (EU) as well as the Principality of Liechtenstein, Iceland, and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.

2.2 Legal Bases

We process personal data in accordance with Swiss data protection law, especially the Federal Act on Data Protection (Data Protection Act, DPA), and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

We process – if and to the extent the General Data Protection Regulation (GDPR) applies – personal data according to at least one of the following legal bases:

  • Art. 6(1)(b) GDPR for the necessary processing of personal data to fulfill a contract with the data subject or to take pre-contractual measures.
  • Art. 6(1)(f) GDPR for the necessary processing of personal data to safeguard the legitimate interests of us or third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests include, in particular, our interest in conducting our activities and operations permanently, user-friendly, securely, and reliably, as well as communicating about them, ensuring information security, protection against abuse, enforcement of our own legal claims, and compliance with Swiss law.
  • Art. 6(1)(c) GDPR for the necessary processing of personal data to fulfill a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
  • Art. 6(1)(e) GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6(1)(a) GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6(1)(d) GDPR for the necessary processing of personal data to protect vital interests of the data subject or another natural person.

3. Type, Scope, and Purpose

We process those personal data that are necessary to permanently, user-friendly, securely, and reliably carry out our activities and operations. Such personal data may particularly fall into the categories of master and contact data, browser and device data, content data, meta or peripheral data, usage data, location data, sales data, as well as contract and payment data.

We process personal data for the duration necessary for the respective purpose or purposes or as required by law. Personal data that are no longer necessary for processing are anonymized or deleted.

We may have personal data processed by third parties. We may jointly process personal data with third parties or transmit them to third parties. Such third parties are particularly specialized providers whose services we use. We also ensure data protection with such third parties.

We generally process personal data only with the consent of the individuals concerned. If and to the extent that processing is permissible for other legal reasons, we may waive obtaining consent. For example, we may process personal data without consent to fulfill a contract, to comply with legal obligations, or to safeguard overriding interests.

We also process personal data that we receive from third parties, obtain from publicly accessible sources, or collect in the course of our activities and operations, provided that such processing is permissible for legal reasons.

4. Communication

We process personal data to communicate with third parties. In this context, we particularly process data that an individual provides when contacting us, for example, by postal mail or email. We may store such data in an address book or similar tools.

Third parties transmitting data about other individuals are obligated to ensure data protection vis-à-vis such affected individuals. This includes ensuring the accuracy of the transmitted personal data, among other things.

5. Job Applications

We process personal data about job applicants to the extent necessary for assessing suitability for employment or for the subsequent performance of an employment contract. The necessary personal data particularly result from the information requested, for example, in a job advertisement. We may publish job advertisements with the assistance of suitable third parties, for example, in electronic and printed media or on job portals and job platforms.

We also process personal data that applicants voluntarily disclose or publish, particularly as part of cover letters, resumes, and other application documents, as well as online profiles.

We process – if and to the extent that the General Data Protection Regulation (GDPR) applies – personal data about job applicants particularly in accordance with Art. 9 para. 2 lit. b GDPR.

We use selected services from suitable third parties to advertise positions via e-recruitment and to enable and manage applications.

6. Data Security

We implement suitable technical and organizational measures to ensure data security appropriate to the respective risk. With our measures, we particularly ensure the confidentiality, availability, traceability, and integrity of the processed personal data, without being able to guarantee absolute data security.

Access to our website and our other online presence is via transport encryption (SSL / TLS, especially with Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a small padlock icon in the address bar.

Our digital communication is subject to – as is fundamentally any digital communication – mass surveillance without cause or suspicion by security authorities in Switzerland, elsewhere in Europe, in the United States of America (USA), and in other countries. We cannot directly influence the corresponding processing of personal data by intelligence services, police authorities, and other security authorities. We also cannot exclude that individual affected persons are specifically monitored.

7. Personal Data Abroad

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we may also export or transmit personal data to other countries, particularly to process them there or have them processed there.

We may export personal data to all countries and territories on Earth and elsewhere in the universe, provided that the local law ensures adequate data protection according to the Swiss Federal Council’s decision and – if and to the extent that the General Data Protection Regulation (GDPR) applies – according to the European Commission’s decision.

We may transmit personal data to countries whose law does not ensure adequate data protection if data protection is ensured for other reasons, particularly based on standard data protection clauses or other suitable guarantees. In exceptional cases, we may export personal data to countries without adequate or suitable data protection if the special data protection requirements are met, for example, the explicit consent of the affected individuals or a direct connection with the conclusion or execution of a contract. Upon request, we provide affected individuals with information about any guarantees or provide a copy of any guarantees.

8. Rights of Affected Individuals

8.1 Data Protection Claims

We grant affected individuals all claims under applicable data protection law. Affected individuals particularly have the following rights:

  • Information: Affected individuals can request information about whether we process personal data about them and, if so, what personal data it concerns. Affected individuals also receive information necessary to assert their data protection claims and ensure transparency. This includes the processed personal data as such, but also, among other things, information about the processing purpose, the duration of storage, any disclosure or export of data to other countries, and the origin of the personal data.
  • Correction and Restriction: Affected individuals can correct inaccurate personal data, complete incomplete data, and restrict the processing of their data.
  • Deletion and Objection: Affected individuals can request the deletion of personal data (“right to be forgotten”) and object to the processing of their data with future effect.
  • Data Disclosure and Data Portability: Affected individuals can request the disclosure of personal data or the transfer of their data to another controller.

We may postpone, restrict, or refuse the exercise of the rights of affected individuals within the legally permissible framework. We may inform affected individuals of any conditions to be met for exercising their data protection claims. For example, we may refuse disclosure, in whole or in part, with reference to trade secrets or the protection of other individuals. For example, we may also refuse the deletion of personal data, in whole or in part, with reference to legal retention obligations.

We may exceptionally impose costs for exercising the rights. We inform affected individuals in advance about any costs.

We are obligated to identify affected individuals who request information or assert other rights with appropriate measures. Affected individuals are obliged to cooperate.

8.2 Legal Protection

Affected individuals have the right to enforce their data protection claims through legal action or to lodge a complaint with a competent data protection supervisory authority.

The data protection supervisory authority for complaints by affected individuals against private controllers and federal authorities in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

European data protection supervisory authorities for complaints by affected individuals – if and to the extent that the General Data Protection Regulation (GDPR) applies – are organized as members of the European Data Protection Board (EDPB). In some member states of the European Economic Area (EEA), data protection supervisory authorities are structured federally, especially in Germany.

9. Website Usage

9.1 Cookies

We may use cookies. Cookies – both our own cookies (First-Party-Cookies) as well as cookies from third parties whose services we use (Third-Party-Cookies) – are data stored in the browser. Such stored data does not necessarily have to be limited to traditional text cookies.

Cookies can be stored in the browser temporarily as “session cookies” or for a specific period as so-called persistent cookies. “Session cookies” are automatically deleted when the browser is closed. Persistent cookies have a specific storage duration. Cookies allow, in particular, to recognize a browser on the next visit to our website and thus, for example, to measure the reach of our website. However, persistent cookies can also be used for online marketing, for example.

Cookies can be deactivated or deleted entirely or partially in the browser settings at any time. Without cookies, our website may not be fully available. We request – at least if and to the extent necessary – explicit consent to the use of cookies.

For cookies used for success and reach measurement or for advertising, a general objection (“Opt-out”) is possible for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance), or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

9.2 Logging

We may log at least the following information for each access to our website and our other online presence, provided that such information is transmitted to our digital infrastructure during such accesses: date and time including time zone, IP address, access status (HTTP status code), operating system including user interface and version, browser including language and version, called individual sub-page of our website including transmitted data volume, last visited website in the same browser window (referer or referrer).

We log such information, which may also represent personal data, in log files. The information is necessary to permanently provide our online presence in a user-friendly and reliable manner. The information is also necessary to ensure data security – also by third parties or with the help of third parties.

9.3 Tracking Pixels

We may embed tracking pixels in our online presence. Tracking pixels are also referred to as web beacons. Tracking pixels – also from third parties whose services we use – usually consist of small, invisible images or scripts formulated in JavaScript, which are automatically retrieved when accessing our online presence. Tracking pixels can capture at least the same information as in log files.

10. Notifications and Communications

We send notifications and communications via email and through other communication channels such as instant messaging or SMS.

10.1 Success and Reach Measurement

Notifications and communications may contain web links or tracking pixels that record whether an individual notification was opened and which web links were clicked. Such web links and tracking pixels may also capture the use of notifications and communications on a personal basis. We need this statistical recording of usage for success and reach measurement in order to send notifications and communications effectively and user-friendly as well as permanently, securely, and reliably based on the needs and reading habits of the recipients.

You must generally consent to the use of your email address and other contact addresses unless the use is permissible for other legal reasons. For obtaining a double-confirmed consent if necessary, we can use the “Double Opt-in” procedure. In this case, you will receive a notification with instructions for double confirmation. We may log obtained consents, including IP address and timestamp, for evidentiary and security reasons.

You can generally object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical recording of usage for success and reach measurement. Necessary notifications and communications in connection with our activities and operations remain reserved.

10.3 Notification Service Providers

We send notifications and communications with the help of specialized service providers.

11. Social Media

We are present on social media platforms and other online platforms to communicate with interested individuals and to inform about our activities and operations. In connection with such platforms, personal data may also be processed outside of Switzerland and the European Economic Area (EEA).

The respective terms and conditions (T&Cs) and usage terms as well as privacy policies and other provisions of the individual operators of such platforms also apply. These provisions particularly provide information about the rights of affected individuals directly against the respective platform, including, for example, the right to information.

For our Social Media presence on Facebook including the so-called Page Insights, we are – if and to the extent the General Data Protection Regulation (GDPR) is applicable – jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta Companies (including in the USA). The Page Insights provide information on how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook effectively and user-friendly.

Further information about the type, scope, and purpose of data processing, information about the rights of affected individuals, as well as the contact details of Facebook as well as the data protection officer of Facebook can be found in the Facebook Privacy Policy. We have concluded the so-called “Addendum for Controllers” with Facebook and thus, in particular, agreed that Facebook is responsible for ensuring the rights of affected individuals. Information on the Page Insights can be found on the page “Information on Page Insights” including “Information about Page Insights Data”.

12. Third-Party Services

We use services from specialized third parties to exercise our activities and operations permanently, user-friendly, securely, and reliably. With such services, we can embed functions and content into our website. For such embedding, the used services, for technical reasons, at least temporarily collect the IP addresses of users.

For necessary security-related, statistical, and technical purposes, third parties whose services we use may aggregate, anonymize, or pseudonymize data in connection with our activities and operations. This includes, for example, performance or usage data to offer the respective service.

We use in particular:

12.1 Digital Infrastructure

We utilize services from specialized third parties to access necessary digital infrastructure related to our activities and operations. This includes hosting and storage services from selected providers.

We particularly utilize:

12.2 Audio and Video Conferences

We use specialized services for audio and video conferences to facilitate online communication. These services enable us to conduct virtual meetings, online teaching, and webinars. Participation in audio and video conferences is subject to the legal terms of each service, such as privacy policies and terms of use.

We recommend muting the microphone by default and blurring the background or using a virtual background during participation in audio or video conferences, depending on individual circumstances.

We particularly utilize:

12.3 Online Collaboration

We use third-party services to enable online collaboration. In addition to this privacy policy, the terms and conditions of the services used, such as terms of use or privacy policies, also apply.

We particularly utilize:

12.4 Mapping

We use third-party services to embed maps into our website.

We particularly utilize:

12.5 Digital Audio and Video Content

We use services from specialized third parties to enable the direct playback of digital audio and video content such as music or podcasts.

We particularly utilize:

12.6 Fonts

We use services from third parties to embed selected fonts as well as icons, logos, and symbols into our website.

We particularly utilize:

12.7 Payments

We use specialized service providers to securely and reliably process payments from our customers. Processing payments is subject to the legal terms of each service provider, such as terms and conditions or privacy policies.

We particularly utilize:

  • Concardis: Processing of credit card payments; Provider: Concardis GmbH (Germany); Data privacy information: Privacy Policy.

12.8 Advertising

We take advantage of the opportunity to display targeted advertisements with third parties such as social media platforms and search engines for our activities and operations.

With such advertising, we aim to reach individuals who are already interested in or could be interested in our activities and operations (remarketing and targeting). For this purpose, we may transmit corresponding – possibly also personal – information to third parties that enable such advertising. We may also determine the success of our advertising, particularly whether it leads to visits to our website (conversion tracking).

Third parties where we advertise and where you as a user are logged in may potentially associate the use of our website with your profile there.

We particularly utilize:

13. Success and Reach Measurement

We attempt to determine how our online offering is used. In this context, we may, for example, measure the success and reach of our activities and operations as well as the impact of third-party links to our website. Additionally, we may experiment and compare how different parts or versions of our online offering are used (the “A/B test” method). Based on the results of success and reach measurement, we can, in particular, rectify errors, strengthen popular content, or make improvements to our online offering.

In most cases, IP addresses of individual users are stored for success and reach measurement. IP addresses are generally truncated (IP masking) in this case to follow the principle of data minimization through the corresponding pseudonymization.

Cookies may be used in success and reach measurement, and user profiles may be created. Any created user profiles may include, for example, the individual pages visited or content viewed on our website, information about the size of the screen or browser window, and the – at least approximate – location. Any user profiles are generally created exclusively in pseudonymized form and are not used to identify individual users. Certain third-party services where users are logged in may potentially associate the use of our online offering with the user account or profile with the respective service.

We particularly utilize:

  • Google Analytics: Success and reach measurement; Provider: Google; Google Analytics-specific information: Measurement also across different browsers and devices (cross-device tracking) as well as with pseudonymized IP addresses, which are only occasionally transmitted in full to Google in the USA, “Privacy”“Browser Add-on to Disable Google Analytics”.
  • Google Tag Manager: Integration and management of other services for success and reach measurement as well as other services from Google as well as third parties; Provider: Google; Google Tag Manager-specific information: “Data Captured with Google Tag Manager”; further information on data protection can be found with the individual integrated and managed services.

14. Video Surveillance

We use video surveillance for the prevention of crimes and for securing evidence in the event of crimes, as well as for the exercise of our house rights. In this regard, if and to the extent that the General Data Protection Regulation (GDPR) applies, this involves predominant legitimate interests pursuant to Art. 6 (1) lit. f GDPR.

We store recordings from our video surveillance for as long as they are necessary for securing evidence.

We may secure recordings due to legal obligations, for the enforcement of our own legal claims, and in cases of suspected crimes, and transmit them to competent authorities such as courts or law enforcement agencies.

15. Final Provisions

We have created this privacy policy with the privacy policy generator from Datenschutzpartner. The present privacy policy is an unofficial translation from the original German version.

We reserve the right to adjust and supplement this privacy policy at any time. We will inform about such adjustments and supplements in an appropriate manner, particularly by publishing the current privacy policy on our website.

Status: February 2024