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Privacy Policy

With this privacy policy we provide information about the processing of personal data in connection with our activities and business including our website under the domain name crestapalace.ch. In particular, we inform which personal data we process for which purpose, in which way and at which location. We also inform about the rights of persons whose data we process.

We have drafted this privacy policy in the German language. If published in another language, the German-language privacy policy shall remain authoritative.

For individual or additional activities and business, we may publish further privacy policies or other data protection information.

We are subject to Swiss law as well as, where applicable, foreign law such as, in particular, that of the European Union (EU) with the European General Data Protection Regulation (GDPR).

The European Commission recognized, by decision of 26 July 2000, that Swiss data protection law provides an adequate level of data protection. By report of 15 January 2024, the European Commission confirmed this adequacy decision.

 

1. Contact Addresses

Responsible within the meaning of data protection law is:

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Cresta Palace Celerina AG
Via Maistra 75
7505 Celerina/Schlarigna
Switzerland

welcome@crestapalace.ch

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In individual cases, third parties may be responsible for the processing of personal data, or there may be joint responsibility with third parties. We are happy to provide data subjects, upon request, with information about the respective responsibility.

 

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 regarding inquiries related to data protection:

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Sebastian Waldschmidt
Cresta Palace Celerina AG
Via Maistra 75
7505 Celerina/Schlarigna
Switzerland

office@crestapalace.ch

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1.2 Data protection representative in the European Economic Area (EEA)

We have the following data protection representative pursuant to Art. 27 GDPR:

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VGS Datenschutzpartner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany

office@crestapalace.ch

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

 

2. Terms and legal bases

2.1 Terms

Data subject: A natural person about whom we process personal data.

Personal data: Any information relating to an identified or identifiable natural person.

Sensitive personal data: Data on trade union, political, religious or philosophical views and activities, data on health, the intimate sphere or affiliation to an ethnic group or race, genetic data, biometric data that uniquely identifies a natural person, data on criminal or administrative sanctions or proceedings, and data on measures of social assistance.

Processing: Any handling of personal data, regardless of the means and procedures used, such as, for example, retrieving, comparing, adjusting, archiving, storing, reading, disclosing, obtaining, capturing, collecting, deleting, revealing, organizing, structuring, storing, altering, disseminating, linking, destroying and using personal data.

European Economic Area (EEA): Member states of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway.

 

2.2 Legal Bases

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

We process – to the extent and insofar as the European General Data Protection Regulation (GDPR) is applicable – personal data pursuant to at least one of the following legal bases:

  • Art. 6(1)(b) GDPR for the processing of personal data necessary for the performance of a contract with the data subject as well as for the implementation of pre-contractual measures.

  • Art. 6(1)(f) GDPR for the processing of personal data necessary to safeguard legitimate interests – including the legitimate interests of third parties – provided that the fundamental freedoms and rights as well as the interests of the data subject do not prevail. Such interests are, in particular, the permanent, human-friendly, safe and reliable exercise of our activities and business, ensuring information security, protection against misuse, the enforcement of our own legal claims, and compliance with Swiss law.

  • Art. 6(1)(c) GDPR for the processing of personal data necessary to comply with a legal obligation to which we may be subject under applicable law of member states in the European Economic Area (EEA).

  • Art. 6(1)(e) GDPR for the processing of personal data necessary 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 processing of personal data necessary to protect the vital interests of the data subject or of another natural person.

  • Art. 9(2) et seq. GDPR for the processing of special categories of personal data, in particular with the consent of the data subjects.

The European General Data Protection Regulation (GDPR) refers to the processing of personal data as processing of personal data and to the processing of sensitive personal data as processing of special categories of personal data (Art. 9 GDPR).

 

3. Type, scope and purpose of the processing of personal data

We process the personal data that is necessary to enable us to carry out our activities and business in a permanent, human-friendly, safe and reliable manner. The personal data processed may fall, in particular, into the categories of browser and device data, content data, communication data, metadata, usage data, master data including customer and contact data, location data, transaction data, contract data and payment data. The personal data may also constitute sensitive personal data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources, or collect in the course of carrying out our activities and business, insofar as such processing is permissible.

We process personal data, insofar as necessary, with the consent of the data subjects. In many cases we may process personal data without consent, for example to fulfill legal obligations or to safeguard overriding interests. We may also ask data subjects for their consent even if their consent is not required.

We process personal data for the duration required for the respective purpose. We anonymize or delete personal data in particular depending on statutory retention and limitation periods.

 

4. Automation and Artificial Intelligence (AI)

We may process personal data on an automated basis or use Artificial Intelligence for the processing of personal data.

We may use profiling to automatically evaluate certain personal aspects relating to data subjects. Profiling serves, for example, to analyze or predict interests, behaviors or personal preferences.

We inform, on a case-by-case basis, about decisions that are based solely on automated processing of personal data and that have a legal effect on data subjects or significantly affect them (automated individual decisions).

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5. Disclosure of personal data

We may disclose personal data to third parties, have it processed by third parties, or process it jointly with third parties. Such third parties may, for example, be specialized providers whose services we use. Such third parties may in turn disclose personal data to other third parties.

In the course of our activities and business, we may disclose personal data in particular to banks and other financial service providers, authorities, education and research institutions, consultants and lawyers, accounting and fiduciary service providers, debt collection companies, interest representation organizations, IT service providers, cooperation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, parent, sister and subsidiary companies, organizations and associations, social institutions, telecommunications companies, insurers and payment service providers.

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6. Communication

We process personal data in order to be able to communicate with individual persons as well as with authorities, organizations and companies. In doing so, we process, in particular, data that a data subject provides to us when making contact, for example by mail or e-mail. We may store such data in an address book or with comparable tools.

Third parties who provide us with data about other persons are legally obligated to independently ensure the data protection of these data subjects. In particular, they must guarantee that they are permitted to transmit such data, but also ensure the accuracy of the transmitted data.

We use selected services from suitable providers to enable and improve communication with individual persons and other communication partners. We may also use such services to manage and otherwise process the data of data subjects beyond direct communication, for example in connection with orders, services, projects and resource planning.

We use, in particular:

  • Mews: property management system (PMS) for hotels and other accommodations; provider: Mews Systems B.V. (Netherlands); data protection information: privacy policy, "Data Privacy".

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7. Applications

We process personal data of applicants insofar as it is necessary for assessing suitability for an employment relationship or for the later performance of an employment contract. The necessary personal data results, in particular, from the information requested, for example as part of a job posting. We may publish job postings with the help of suitable third parties, for example in electronic and print media or on job portals and job platforms.

We also process personal data that applicants voluntarily communicate or publish, in particular as part of cover letters, résumés and other application documents as well as part of online profiles.

We process – to the extent and insofar as the General Data Protection Regulation (GDPR) is applicable – personal data of applicants in particular pursuant to Art. 9(2)(b) GDPR.

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8. Data security

We take appropriate technical and organizational measures to ensure a level of data security appropriate to the respective risk. With our measures, we ensure in particular the confidentiality, availability, traceability and integrity of the personal data processed, without, however, being able to guarantee absolute data security.

Access to our website and our other digital presence is via transport encryption (SSL / TLS, in particular using Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers warn before visiting a website without transport encryption.

Our digital communication is subject – as is fundamentally the case for all digital communication – to mass surveillance without cause or suspicion by security authorities in Switzerland, in the rest of Europe, in the United States of America (USA) and in other countries. We cannot exert any direct influence on the corresponding processing of personal data by intelligence services, police authorities and other security authorities. Nor can we rule out that a data subject is being specifically monitored.

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9. Personal data abroad

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

We may export personal data to any country on Earth and elsewhere in the universe, provided that the law there ensures an adequate level of data protection pursuant to a decision of the Swiss Federal Council and – to the extent and insofar as the General Data Protection Regulation (GDPR) is applicable – also pursuant to a decision of the European Commission.

We may transmit personal data to countries whose law does not ensure an adequate level of data protection, provided that data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or other appropriate safeguards. In exceptional cases, we may export personal data to countries without adequate or appropriate data protection if the special data protection legal requirements for doing so are met, for example the explicit consent of the data subjects or a direct connection with the conclusion or performance of a contract. We are happy to provide data subjects, upon request, with information about any safeguards or to provide a copy of any safeguards.

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10. Rights of data subjects

10.1 Data protection claims

We grant data subjects all claims under applicable law. Data subjects have, in particular, the following rights:

  • Access: Data subjects may request information as to whether we process personal data about them and, if so, which personal data is concerned. Data subjects also receive the information necessary to assert their data protection claims and to ensure transparency. This includes the personal data processed as such, but also, among other things, information on the purpose of processing, the retention period, any disclosure or export of data to other countries, and the origin of the personal data.

  • Rectification and restriction: Data subjects may have inaccurate personal data corrected, incomplete data completed, and have the processing of their data restricted.

  • Ability to state their own view and to obtain human review: In the case of decisions based solely on automated processing of personal data that have a legal effect on data subjects or significantly affect them (automated individual decisions), data subjects may state their own view and request review by a human.

  • Deletion and objection: Data subjects may have personal data deleted ("right to be forgotten") and object to the processing of their data with effect for the future.

  • Data disclosure and data portability: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.

We may, to the extent permitted by law, postpone, restrict or refuse the exercise of data subjects' rights. We may inform data subjects of any requirements that must be met in order to exercise their data protection claims. We may, for example, refuse access wholly or in part with reference to confidentiality obligations, overriding interests or the protection of other persons. We may, for example, also refuse the deletion of personal data wholly or in part, in particular with reference to statutory retention obligations.

We may exceptionally charge costs for the exercise of rights. We will inform data subjects in advance of any such costs.

We are obligated to identify, using appropriate measures, data subjects who request access or assert other rights. Data subjects are obligated to cooperate.

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10.2 Legal remedies

Data subjects have the right to enforce their data protection claims through legal action or to file a report or complaint with a data protection supervisory authority.

The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

European data protection supervisory authorities are organized as members of the European Data Protection Board (EDPB). In some member states in the European Economic Area (EEA), the data protection supervisory authorities are structured federally, particularly in Germany.

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11. Use of the website

11.1 Cookies

We may use cookies. Cookies – both our own cookies (first-party cookies) as well as cookies of 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 may be stored temporarily in the browser as "session cookies" or for a certain period as so-called permanent cookies. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a certain storage duration. Cookies allow, in particular, a browser to be recognized on the next visit to our website and thereby, for example, allow the reach of our website to be measured. Permanent cookies can also, for example, be used for online marketing.

Cookies can be disabled, restricted or deleted, in whole or in part, at any time in the browser settings. The browser settings often also allow for automated deletion and other management of cookies. Without cookies, our website may no longer be available in its full scope. We actively request – at least insofar and to the extent required under applicable law – explicit 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).

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11.2 Logging

For each access to our website and our other digital presence, we may log at least the following information, insofar as it is determined or transmitted as standard for such access to our digital infrastructure: 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, individual subpage of our website accessed including the amount of data transferred, last web page visited in the same browser window (referer or referrer).

We log such information, which may also constitute personal data, in log files. This information is necessary in order to be able to provide our digital presence on a permanent, human-friendly and reliable basis. The information is also necessary in order to be able to ensure data security – including through third parties or with the help of third parties.

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11.3 Tracking pixels

We may embed tracking pixels in our digital presence. Tracking pixels are also referred to as web beacons. Tracking pixels – including those of third parties whose services we use – are usually small, invisible images or scripts written in JavaScript that are automatically retrieved when accessing our digital presence. Tracking pixels can be used to capture at least the same information as with logging in log files.

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12. Notifications and messages

12.1 Performance and reach measurement

Notifications and messages may contain web links or tracking pixels that record whether an individual message has been opened and which web links were clicked. Such web links and tracking pixels can also record the use of notifications and messages on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to send notifications and messages effectively and in a human-friendly manner, based on the needs and reading habits of recipients, as well as on a permanent, safe and reliable basis.

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12.2 Consent and objection

You must in principle consent to the use of your e-mail address and your other contact addresses, unless the use is permissible for other legal reasons. To obtain any double-confirmed consent, we may use the "double opt-in" procedure. In this case, you will receive a message with instructions for the double confirmation. We may log consents obtained, including IP address and timestamp, for evidentiary and security reasons.

You may in principle object at any time to receiving notifications and messages such as newsletters. With such an objection, you can simultaneously object to the statistical recording of usage for performance and reach measurement. This is without prejudice to necessary notifications and messages in connection with our activities and business.

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12.3 Service providers for notifications and messages

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

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13. Social media

We are present on social media platforms and other online platforms in order to be able to communicate with interested persons and to provide information about our activities and business. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The general terms and conditions and terms of use as well as the privacy policies and other provisions of the individual operators of such platforms also apply in each case. These provisions inform, in particular, about the rights of data subjects directly vis-à-vis the respective platform, which include, for example, the right of access.

For our social media presence on Facebook, including the so-called page insights, we are – to the extent and insofar as the General Data Protection Regulation (GDPR) is applicable – jointly responsible together with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page insights provide information on how visitors interact with our Facebook presence. We use page insights in order to be able to provide our social media presence on Facebook effectively and in a human-friendly manner.

Further information on the type, scope and purpose of the data processing, information on the rights of data subjects, as well as the contact details of Facebook and of Facebook's data protection officer, can be found in Facebook's privacy policy. We have entered into the so-called "Controller 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 about Page Insights" including "Information about Page Insights Data".

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14. Services of third parties

We use services from specialized third parties in order to be able to carry out our activities and business in a permanent, human-friendly, safe and reliable manner. With such services, we can, among other things, embed functions and content in our website. When embedding such content, the services used capture, for technically necessary reasons, at least temporarily, the IP addresses of users.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and business in an aggregated, anonymized or pseudonymized manner. This concerns, for example, performance or usage data in order to be able to offer the respective service.

We use, in particular:

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14.1 Digital infrastructure

We use services from specialized third parties in order to be able to make use of the digital infrastructure required in connection with our activities and business. This includes, for example, hosting and storage services from selected providers.

We use, in particular:

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14.2 Automation and integration of apps and services

We use specialized platforms in order to integrate and connect existing apps and services of third parties. With such "no-code" platforms, we can also automate processes and activities with apps and services of third parties.

We use, in particular:

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14.3 Appointment scheduling

We use services from specialized third parties in order to be able to arrange appointments online, for example for meetings. In addition to this privacy policy, any directly visible terms of the services used, such as terms of use or privacy policies, also apply in each case.

We use, in particular:

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14.4 Online collaboration

We use services from third parties in order to enable online collaboration. In addition to this privacy policy, any directly visible terms of the services used, such as terms of use or privacy policies, also apply in each case.

We use, in particular:

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14.5 Social media features and social media content

We use services and plugins from third parties in order to be able to embed functions and content from social media platforms, as well as to enable the sharing of content on social media platforms and in other ways.

We use, in particular:

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14.6 Maps

We use services from third parties in order to be able to embed maps in our website.

We use, in particular:

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14.7 Digital content

We use services from specialized third parties in order to be able to embed digital content in our website. Digital content includes, in particular, image and video material, music and podcasts.

We use, in particular:

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14.8 E-commerce

We operate e-commerce and use services from third parties in order to be able to successfully offer services, content or goods.

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14.9 Payments

We use specialized service providers in order to be able to process payments safely and reliably. In addition, the legal texts of the individual service providers, such as general terms and conditions or privacy policies, apply to the processing of payments.

We use, in particular:

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14.10 Advertising

We make use of the possibility of having advertising displayed by third parties, such as social media platforms and search engines, targeted at our activities and business.

With such advertising, we aim, in particular, to reach persons who are already interested, or could become interested, in our activities and business (remarketing and targeting). For this purpose, we may transmit corresponding information – which may also be personal data – 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 with whom you are registered as a user, may possibly associate the use of our website with your profile there.

We use, in particular:

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15. Performance and reach measurement

We attempt to measure the success and reach of our activities and business. In this context, we may also measure the effect of third-party references or examine how different parts or versions of our digital presence are used ("A/B testing" method). Based on the results of the performance and reach measurement, we may, in particular, fix errors, reinforce popular content, or make improvements.

For performance and reach measurement, the IP addresses of individual users are captured in most cases. In this case, IP addresses are in principle shortened ("IP masking") in order to follow the principle of data minimization through the corresponding pseudonymization.

Cookies may be used and user profiles may be created for performance and reach measurement. Any user profiles created may include, for example, the individual pages visited or content viewed on our digital presence, information on the size of the screen or browser window, and the – at least approximate – location. In principle, any user profiles are created exclusively on a pseudonymized basis and are not used to identify individual users. Individual third-party services with which users are registered may possibly associate the use of our online offering with the user account or user profile of the respective service.

We use, in particular:

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16. Video surveillance

We use video surveillance for the prevention of criminal offenses, for the preservation of evidence in the event of criminal offenses, for the exercise and assertion of our own legal claims, for defense against third-party legal claims, and for the exercise of our right to determine who may be present on our premises. This constitutes – to the extent and insofar as the General Data Protection Regulation (GDPR) is applicable – overriding legitimate interests pursuant to Art. 6(1)(f) GDPR, and, with regard to sensitive personal data, with reference to Art. 9(2)(f) GDPR.

We store recordings from our video surveillance for as long as they are necessary for the preservation of evidence or for another stated purpose. As a rule, the recordings are deleted or overwritten after 24 hours.

We may back up recordings from our video surveillance and transmit them to competent authorities such as, in particular, courts or law enforcement authorities, insofar as the transmission is necessary for a stated purpose, for our other overriding legitimate interest, or on the basis of legal obligations.

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17. Concluding notes on this privacy policy

We have created this privacy policy using the privacy policy generator of Datenschutzpartner .

The present privacy policy is an unofficial translation from the original German version.

We may update this privacy policy at any time. We provide information about updates by publishing the current version of the privacy policy on our website.

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