With this
privacy policy we inform which personal data we process in connection with our
activities and operations including our
www.eiger-grindelwald.ch-Website. In particular, we inform about what for, how and where we process which personal data. We also inform about the rights of persons whose data we process.
Individual or additional activities and operations may be subject to additional privacy statements as well as other legal documents such as General Terms and Conditions (GTC), Terms of Use or Conditions of Participation.
We are subject to Swiss data protection law and any applicable foreign data protection law, in particular 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
Responsibility for the processing of personal data:
Gisela Heller
Village street 133
3818 Grindelwald
datenschutz@hellergastro.ch
We point out if there are other persons responsible for the processing of personal data in individual cases.
1.1 Data protection officer or data protection advisor
We have the following data protection officer or data protection advisor as a point of contact for data subjects and authorities for inquiries relating to data protection:
Gisela Heller
Heller Gastro AG
Village street 133
3818 Grindelwald
datenschutz@hellergastro.ch
1.2 Data Protection Representation in the European Economic Area (EEA)
We have the following data protection representation according to
Art. 27 DSGVO:
VGS Data Protection Partner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany
info@datenschutzpartner.eu
The Data Protection Representation serves as an
additional point of contact for data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) for inquiries related to the GDPR.
2. terms and legal bases
2.1 Terms
Personal data is
any information that relates 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 procedures used, such as querying, matching, adapting, archiving, storing, reading out, disclosing, procuring, recording, collecting, deleting, disclosing, arranging, organizing, storing, modifying, disseminating, linking, destroying and using personal data.
The
European Economic Area (EEA) comprises the
member states of the European Union (EU) plus the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as processing of personal data.
2.2 Legal basis
We process personal data in accordance with Swiss data protection law such as, in particular, the Swiss
Federal Act on Data Protection (Data Protection Act, DPA) and the
Ordinance on Data Protection (Data Protection Ordinance, DPA).
We process – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – personal data in accordance with at least one of the following legal bases:
- Art. 6 par. 1 lit. b GDPR for the necessary processing of personal data for the fulfillment of a contract with the data subject as well as for the implementation of pre-contractual measures.
- Art. 6 par. 1 lit. f DSGVO for the necessary processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests include, in particular, our interest in being able to carry out our activities and operations permanently, in a user-friendly, secure and reliable manner and to communicate about them, the guarantee of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law.
- Art. 6 par. 1 lit. c GDPR for the processing of personal data necessary to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
- Art. 6 par. 1 lit. e GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
- Art. 6 par. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.
- Art. 6 par. 1 lit. d GDPR for the necessary processing of personal data to protect vital interests of the data subject or another natural person.
3. nature, scope and purpose
We process those personal data that are
necessary to carry out our activities and operations in a durable, user-friendly, safe and reliable manner. Such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data, and contract and payment data, in particular.
We process personal data for the
period of time that is necessary for the respective purpose(s) or required by law. Personal data whose processing is no longer necessary is anonymized or deleted.
We may have personal data processed
by third parties. We may process personal data jointly with third parties or transfer it to third parties. Such third parties are, in particular, specialized providers whose services we use. We also ensure data protection with such third parties.
We process personal data only with the consent of the data subject, unless the processing is permitted for other legal reasons. Processing without consent may be permissible, for example, for the performance of a contract with the data subject and for corresponding pre-contractual measures, in order to safeguard our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.
In this context, we process in particular information that a data subject
voluntarily provides to us when contacting us – for example, by mail, e-mail, instant messaging, contact form, social media or telephone – or when registering for a user account. For example, we may store such information in an address book, in a customer relationship management (CRM) system, or with similar tools. If we receive data about other persons, the transmitting persons are obliged to ensure data protection towards these persons as well as to ensure the accuracy of this personal data.
We also process personal data that we receive from third parties, obtain from publicly available sources or collect in the course of our activities and operations, if and to the extent that such processing is permitted for legal reasons.
We use the CRM system mews.com to improve communication with our guests and provide them with personalized offers and services. Mews.com is a cloud-based system that allows us to centrally manage and analyze all of our guests’ data.
For more information about mews.com’s privacy practices, you may view their privacy policyhttps://app.mews.com/.
4. applications
We process personal data about applicants to the extent that it is necessary for assessing their suitability for an employment relationship or for the subsequent execution of an employment contract. The required personal data results in particular from the information requested, for example in the context of a job advertisement. We also process personal data that applicants
voluntarily provide or publish, in particular as part of cover letters, resumes and other application documents, as well as online profiles.
We process – insofar as and to the extent that the General Data Protection Regulation (GDPR) is applicable – personal data about applicants in particular in accordance with Art. 9 par. 2 lit. b GDPR.
We may allow applicants to submit their information to our
talent pool for consideration for future open positions. We may also use such information to maintain contact and provide news. If we believe that an applicant is eligible for a job opening based on the information provided, we may notify the applicant accordingly.
We use third-party services to post jobs via
e-recruitment and to enable and manage applications.
We use the service Onlyfy, of New Work SE, Am Strandkai 1, 20457 Hamburg, Germany, for application management. onlyfy is the central platform for our applicant management. When you use our online form, your personal data is recorded directly in onlyfy. Even in the case of a postal or e-mail application, your data can be transferred to the e-recruiting system.
For more information, please see Onlyfy’s privacy policy: https://onlyfy.com/de/datenschutz/
5. personal data abroad
We
process personal data in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it or have it processed there.
We may export personal data to all
states and territories on Earth as well as elsewhere in the
universe, provided that the law there ensures adequate data protection in accordance with the
decision of the Swiss Federal Council and – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – in accordance with the
decision of the European Commission.
We may transfer personal data to countries whose laws do not ensure adequate data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or with other appropriate safeguards. Exceptionally, we may export personal data to countries without adequate or appropriate data protection if the special data protection requirements are met, for example, the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. We will be happy to provide information about any guarantees to data subjects upon request or provide a copy of any guarantees.
6. rights of data subjects
6.1 Data protection law claims
We grant data subjects all claims in accordance with applicable data protection law. Data subjects have the following rights in particular:
- Information: Data subjects may request information as to whether we process personal data about them and, if so, what personal data is involved. Data subjects are also provided with the information necessary to assert their claims under data protection law and to ensure transparency. This includes the processed personal data as such, but also, among other things, information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries and the origin of the personal data.
- Correction and restriction: Data subjects can have incorrect personal data corrected, incomplete data completed and the processing of their data restricted.
- Deletion and objection: Data subjects can have personal data deleted (“right to be forgotten”) and object to the processing of their data with effect for the future.
- Data release and data transfer: Data subjects may request the surrender of personal data or the transfer of their data to another data controller.
We may suspend, limit or deny the exercise of data subjects’ rights to the extent permitted by law. We can point out to data subjects any requirements they may have to meet in order to exercise their rights under data protection law. For example, we may refuse to provide information in whole or in part on the grounds of trade secrets or the protection of others. For example, we may also refuse to delete personal data in whole or in part with reference to statutory retention obligations.
We may
exceptionally provide for costs for the exercise of the rights. We inform affected persons in advance about any costs.
We are required to take reasonable steps to identify data subjects who request information or assert other rights. Affected persons are obliged to cooperate.
6.2 Right to complain
Data subjects have the right to enforce their data protection claims through legal channels or to lodge a complaint with a competent data protection supervisory authority.
The data protection supervisory authority for private data controllers and federal bodies in Switzerland is the
Federal Data Protection and Information Commissioner (FDPIC).
Data subjects have – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – the right to lodge a complaint with a competent
European data protection supervisory authority.
7. data security
We take suitable technical and organizational measures to ensure data security that is appropriate to the respective risk. However, we cannot guarantee absolute data security.
Access to our website takes place using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers mark transport encryption with a padlock in the address bar.
Our digital communications – like all digital communications in
principle – are subject to mass surveillance without cause or suspicion and other monitoring by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.
8. use of the website
8.1 Cookies
We may use cookies. Cookies – our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) – are data that are stored in the browser. Such stored data need not be limited to traditional cookies in text form.
Cookies can be stored in the browser temporarily as “session cookies” or for a certain period of time as so-called permanent cookies. “Session cookies” are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies make it possible to recognize a browser the next time it visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.
Cookies can be completely or partially deactivated and deleted in the browser settings at any time. Without cookies, our website may no longer be fully available. We actively request – at least if and to the extent necessary – the express consent to the use of cookies.
For cookies used for performance 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).
On our website we use the tool Wufoo to accept requests via forms. Wufoo is specified by the company SurveyMonkey Inc. The information sent to us via these forms is stored securely and encrypted at Wufoo. For more information, please see SurveyMonkey Inc’s privacy policy: https://www.surveymonkey.com/mp/legal/privacy-policy/.
8.2 Server log files
We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).
We store such information, which may also constitute personal data, in server log files. The information is necessary to provide our website permanently, user-friendly and reliably as well as to ensure data security and thus in particular the protection of personal data – also by third parties or with the help of third parties.
8.3 Tracking pixel
We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Counting pixels – also from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. Counting pixels can be used to capture the same information as server log files.
9. notifications and messages
We send notifications and communications via email and other communication channels, such as instant messaging or SMS.
9.1 Success and reach measurement
Notifications and messages may contain web links or tracking pixels that capture whether an individual message was opened and which web links were clicked. Such web links and tracking pixels may also track usage of notifications and communications on a personal basis. We need this statistical recording of usage for success and reach measurement in order to be able to send notifications and messages based on the needs and reading habits of the recipients in an effective and user-friendly manner as well as permanently, securely and reliably.
9.2 Consent and objection
In
principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. For any consent, we use the “double opt-in” procedure whenever possible, which means that you will receive an e-mail with a web link that you must click to confirm, so that no misuse by unauthorized third parties can take place. We may log such consents including Internet Protocol (IP) address, date and time for evidentiary and security purposes.
In
principle, you can 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 performance and reach measurement. This is subject to any required notifications and communications in connection with our activities and operations.
9.3 Service provider for notifications and messages
We send notifications and messages with the help of specialized service providers.
We use in particular:
We are present on social media platforms and other online platforms in order to be able to communicate with interested persons as well as to inform them 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 General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such platforms shall also apply in each case. These provisions inform in particular about the rights of data subjects directly against the respective platform, which includes, for example, the right to information.
For our
social media presence on Facebook, including the so-called Page Insights, we are – if and insofar as 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). Page insights provide information about how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook in an effective and user-friendly manner.
Further information on the nature, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook as well as Facebook’s data protection officer can be found in
Facebook’s privacy policy. We have entered into the so-called
“Responsible Party Addendum” with Facebook, thereby agreeing in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called page insights, the corresponding information can be found on the
page “Information on page insights” including
“Information on page insights data”.
11. services from third parties
We use services of specialized third parties in order to carry out our activities and operations in a durable, user-friendly, safe and reliable manner. Among other things, such services allow us to embed functions and content on our website. In the case of such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.
For necessary security, statistical and technical purposes, third parties whose services we use may process data related to our activities and operations in aggregated, anonymized or pseudonymized form. This is, for example, performance or usage data in order to be able to offer the respective service.
We use in particular:
-
Google services:
Providers: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: “Privacy and Security Principles, Privacy Policy, “Google is committed to complying with applicable privacy laws”,” Privacy Guide in Google Products”, “How we use data from websites or apps on or in which our services are used” (Google disclosures), “Cookie types and other technologies used by Google”, “Personalized advertising” (enable/disable/settings).
-
Microsoft services:
Providers: Microsoft Corporation (USA) / Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), the United Kingdom and Switzerland; General information on data protection: “Data protection at Microsoft”, “Data protection and privacy (Trust Center)”, data protection declaration, data protection dashboard (data and privacy settings).
On our website we use the tool aleno.me of the company Aleno AG for table reservations in our restaurants.
For more information, please see aleno’s privacy policy: www.aleno.me/policy
11.1 Digital infrastructure
We use services from specialized third parties to access required digital infrastructure in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.
We use in particular:
For the processing of the online booking we use the service SimpleBooking of QNT S.r.l. a Socio Unico, Via Lucca,52 – 50142 Firenze, Italy.
For more information, please see SimpleBooking’s privacy policy: https://www.simplebooking.travel/de/privacy-policy
11.2 Contact options
We use services from selected providers to better communicate with third parties, such as potential and existing customers.
11.3 Scheduling
We use services of specialized third parties to make appointments online, for example for meetings. In addition to this privacy policy, any directly visible conditions of the services used, such as terms of use or privacy statements, also apply.
11.4 Audio and video conferencing
We use specialized audio and video conferencing services to communicate online. For example, we can use it to hold virtual meetings or conduct online classes and webinars. For participation in audio and video conferences, the legal texts of the individual services such as data protection declarations and terms of use apply in addition.
Depending on the life situation, we recommend muting the microphone by default when participating in audio or video conferences, as well as blurring the background or fading in a virtual background.
We use in particular:
11.5 Online collaboration
We use third party services to enable online collaboration. In addition to this privacy policy, any directly visible conditions of the services used, such as terms of use or privacy statements, also apply.
We use third party services and plugins to embed features and content from social media platforms and to enable sharing of content on social media platforms and other ways.
We use in particular:
11.7 Card material
We use third party services to embed maps into our website.
We use in particular:
11.8 Digital audio and video content
We use services from specialized third parties to enable direct playback of digital audio and video content, such as music or podcasts.
We use in particular:
11.9 Fonts
We use third party services to embed selected fonts as well as icons, logos and symbols into our website.
We use in particular:
11.10 E-commerce
We engage in e-commerce and use third party services to successfully provide services, content or goods.
We use the voucher system E-Guma. E-Guma is a product of the company Idea Creation GmbH, Walchestrasse 15, 8006 Zurich, Switzerland. The voucher store is multilingual and will be linked to our homepage. Our customers can buy the desired voucher and print it directly at home (print@home). For more information, please see E-Guma’s privacy policy:
Datenschutz
11.11 Payments
We use specialized service providers to process our customers’ payments securely and reliably. For the processing of payments, the legal texts of the individual service providers, such as general terms and conditions (GTC) or data protection declarations, shall apply in addition.
We use in particular:
11.12 Advertising
We use the option to display targeted
advertisements for our activities and operations on third parties such as social media platforms and search engines.
We would like to use such advertising to reach in particular people who are already interested in our activities and operations or who might be interested in them
(remarketing and
targeting). For this purpose, we may transmit corresponding – possibly also personal – information to third parties that enable such advertising. We can also determine whether our advertising is successful, that is, in particular, whether it leads to visits to our website
(conversion tracking).
Third parties with whom we advertise and where you are registered as a user can, if necessary, assign the use of our online offer to your profile there.
We use in particular:
-
Facebook Advertising (Facebook Ads):
Social media advertising; provider: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); data protection information: remarketing and targeting in particular with the Facebook pixel as well as Custom Audiences including Lookalike Audiences, data protection declaration, “advertising preferences” (user registration required).
-
Google Ads:
Search engine advertising; Provider: Google; Google Ads-specific data: Advertising based on, among other things, search queries, using various domain names – in particular doubleclick.net, googleadservices.com and googlesyndication.com – for Google Ads, “Advertising” (Google), “Why am I seeing a particular ad?”.
-
Instagram Ads:
Social media advertising; Providers: Meta Platforms Ireland Limited (Ireland) and other meta-companies (including in the USA); data protection information: remarketing and targeting in particular with Facebook pixel as well as Custom Audiences including Lookalike Audiences, Privacy Policy (Instagram), Privacy Policy (Facebook), “Advertising Preferences” (Instagram) (user login required), “Advertising Preferences” (Facebook) (user login required).
-
LinkedIn Ads:
Social media advertising; Provider: LinkedIn Corporation (USA) / LinkedIn Ireland Unlimited Company (Ireland); Data protection information: Remarketing and targeting in particular with the LinkedIn Insight Tag, “Data protection”, privacy policy, cookie policy, objection to personalized advertising.
12. extensions for the website
We use extensions for our website in order to be able to use additional functions.
We use in particular:
13. success and reach measurement
We use services and programs to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our activities and operations, as well as the impact of third-party links to our website. However, we can also, for example, test and compare how different versions of our online offering or parts of our online offering are used (“A/B test” method). Based on the results of the performance and reach measurement, we can in particular correct errors, strengthen popular content or make improvements to our online offering.
When using services and programs for performance and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are
generally shortened (“IP masking”) in order to follow the principle of data economy through the corresponding pseudonymization and thus to improve user data protection.
When using services and programs for performance and reach measurement, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information on the size of the screen or browser window and the – at least approximate – location.
As a matter of principle, user profiles are created exclusively on a pseudonymous basis. We do not use user profiles to identify individual users. Individual services of third parties with which users are registered can, at most, assign the use of our online offer to the user account or user profile with the respective service.
We use in particular:
-
Google Analytics:
Performance and reach measurement; provider: Google; Google Analytics-specific data: Measurement also across different browsers and devices (cross-device tracking) as well as with pseudonymized Internet Protocol (IP) addresses, which are only transmitted in full to Google in the USA as an exception, “Privacy Policy”, “Browser Add-on to deactivate Google Analytics”.
-
Google Tag Manager:
Integration and management of other services for performance and reach measurement as well as other services from Google and third parties; provider: Google; Google Tag Manager-specific information: “Data collected with Google Tag Manager”; further information on data protection can be found with the individual integrated and managed services.
-
Matomo:
Performance and reach measurement; provider: Matomo (free open source software); data protection information: used on own server infrastructure and with pseudonymized Internet Protocol (IP) addresses, “List of all Matomo Features”.
14. final provisions
We have created this privacy policy with the
data protection generator of
Datenschutzpartner.
We may amend and supplement this privacy policy at any time. We will inform about such adjustments and additions in an appropriate form, in particular by publishing the respective current privacy policy on our website.