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 recognises that Swiss data protection law ensures adequate data protection.
1. Contact Addresses
Responsibility for the processing of personal data:
Cresta Palace Celerina AG
Via Maistra 75
We point out if there are other responsible parties for the processing of personal data in individual cases.
1.1 Data Protection Officer or Data Protection Consultant
We have the following data protection officer or the following data protection consultant as a point of contact for affected individuals and authorities for inquiries related to data protection:
Cresta Palace Celerina AG
Via Maistra 75
1.2 Data Protection Representative in the European Economic Area (EEA)
We have the following data protection representative according to Art. 27 GDPR:
VGS Datenschutzpartner GmbH
Am Kaiserkai 69
The data protection representative serves as an additional contact point for affected individuals 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
Personal data refers to all information relating to an identified or identifiable natural person. An affected person is a person whose personal data we process.
Processing encompasses any handling of personal data, irrespective of the means and procedures used, for example, the querying, comparing, adjusting, archiving, storing, reading out, disclosing, obtaining, collecting, deleting, revealing, arranging, organising, storing, altering, disseminating, linking, destroying, and using of 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 processing of personal data.
2.2 Legal Bases
We process personal data in accordance with Swiss data protection law, in particular 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 that the General Data Protection Regulation (GDPR) applies - personal data according to at least one of the following legal bases:
- Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data for the performance of a contract with the affected person and for carrying out pre-contractual measures.
- Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data in order to protect the legitimate interests of us or third parties, provided that the fundamental freedoms and rights and interests of the affected person do not outweigh. Legitimate interests are in particular our interest in being able to carry out our activities and tasks permanently, user-friendly, safely and reliably and to communicate about them, ensuring information security, protection against misuse, enforcement of our own legal claims and compliance with Swiss law.
- Art. 6 para. 1 lit. c GDPR for the necessary processing of personal data to fulfill a legal obligation to which we may be subject according to any applicable law of Member States in the European Economic Area (EEA).
- Art. 6 para. 1 lit. e GDPR for the necessary processing of personal data for the performance of a task in the public interest.
- Art. 6 para. 1 lit. a GDPR for the processing of personal data with the consent of the affected person.
- Art. 6 para. 1 lit. d GDPR for the necessary processing of personal data to protect vital interests of the affected person or another natural person.
3. Type, Scope, and Purpose
We process that personal data which is necessary for us to be able to carry out our activities and tasks permanently, user-friendly, securely, and reliably. Such personal data can in particular fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data, usage data, location data, sales data, contract and payment data.
We process personal data during the duration that is necessary for the respective purpose or purposes or as legally required. Personal data whose processing is no longer necessary are anonymized or deleted.
We may have personal data processed by third parties. We can process personal data together 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 affected person, unless the processing is permitted for other legal reasons. Processing without consent may, for example, be permitted to fulfill a contract with the affected person and for corresponding pre-contractual measures, to safeguard our overriding legitimate interests, because the processing is apparent from the circumstances or after prior information.
In this context, we particularly process information that an affected person voluntarily transmits to us when contacting us - for example by mail, email, instant messaging, contact form, social media or telephone - or when registering for a user account. We can store such information, for example, in an address book, in a customer relationship management system (CRM system) or with similar tools. If we receive data about other persons, the persons transmitting the data are obliged to ensure data protection with regard to these persons and to ensure the accuracy of these personal data.
We also process personal data that we receive from third parties, obtain from publicly available sources or collect during the exercise of our activities and tasks, provided and to the extent that such processing is permitted for legal reasons.
4. Personal data abroad
We process personal data basically in Switzerland and in the European Economic Area (EEA). However, we can also export or transmit personal data to other countries, especially to process them or have them processed there.
We can export personal data to all states and territories on earth as well as elsewhere in the universe, provided that local law ensures adequate data protection according to a decision by the Swiss Federal Council and - if and to the extent that the General Data Protection Regulation (GDPR) applies - according to a decision by the European Commission.
We can transmit personal data to countries whose law does not guarantee adequate data protection, provided that data protection is ensured for other reasons, in particular based on standard data protection clauses or other appropriate guarantees. Exceptionally, we can 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 data subjects or a direct connection with the conclusion or execution of a contract. We are happy to provide data subjects with information about any guarantees or provide a copy of any guarantees upon request.
5. Rights of data subjects
5.1 Data protection claims
We grant data subjects all claims in accordance with the applicable data protection law. Data subjects have the following rights in particular:
- Information: Data subjects can request information about whether we process personal data about them and if so, which personal data it is. They also receive the information necessary to assert their data protection rights and ensure transparency. This includes the processed personal data as such, but also information on the purpose of the processing, the duration of the storage, any disclosure or export of data to other countries, and the origin of the personal data.
- Correction and Restriction: Data subjects can correct incorrect personal data, complete incomplete data, and have 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 can request the release of personal data or the transfer of their data to another controller.
We can postpone, limit, or refuse the exercise of the rights of data subjects within the legally permissible framework. We can inform data subjects about the conditions that may need to be met in order to exercise their data protection rights. For example, we can refuse the information completely or in part with reference to business secrets or the protection of other persons. For example, we can also refuse the deletion of personal data entirely or partially with reference to statutory retention obligations.
We may exceptionally charge costs for exercising rights. We inform data subjects in advance about any costs.
We are obliged to identify data subjects who request information or assert other rights with appropriate measures. Data subjects are obliged to cooperate.
5.2 Right to Complain
Those affected have the right to enforce their data protection claims through legal means or lodge a complaint with a competent data protection supervisory authority.
The supervisory authority for data protection for private responsible parties and federal organs in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
Those affected have - insofar and to the extent that the General Data Protection Regulation (GDPR) applies - the right to lodge a complaint with a competent European data protection supervisory authority.
6. Data Security
We take suitable technical and organizational measures to ensure data security appropriate to the respective risk. However, we cannot guarantee absolute data security.
Access to our website is via transport encryption (SSL / TLS, especially with Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.
Our digital communication is - like basically every digital communication - subject to mass surveillance without cause and suspicion as well as other monitoring by security authorities in Switzerland, the rest of Europe, the United States of America (USA), and other countries. We cannot have a direct influence on the corresponding processing of personal data by secret services, police stations, and other security authorities.
7. Use of the Website
Cookies can be stored temporarily as "session cookies" or for a certain period of time as so-called permanent cookies in the browser. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage duration. Cookies in particular allow a browser to be recognized the next time our website is visited and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example.
For cookies used for performance and reach measurement or for advertising, a general objection ("opt-out") is possible for numerous services via the 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).
7.2 Server Log Files
We may record the following information for each access to our website, provided it is transmitted from 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, last website accessed in the same browser window (referrer).
We store such information, which can also represent personal data, in server log files. This information is necessary in order to provide our website on a permanent, user-friendly and reliable basis, and to ensure data security, in particular the protection of personal data - also by third parties or with the help of third parties.
7.3 Counting Pixels
We may use counting pixels on our website. Counting pixels are also referred to as web beacons. Counting pixels - also from third parties whose services we use - are small, usually not visible images, that are automatically retrieved when you visit our website. With counting pixels, the same information as in server log files can be recorded.
8. Notifications and Communications
We send notifications and communications via email and other communication channels such as instant messaging or SMS.
8.1 Success and Reach Measurement
Notifications and communications may contain web links or counting pixels that record whether a single communication was opened and which web links were clicked in the process. Such web links and counting pixels can also record the use of notifications and communications in a personally identifiable manner. We need this statistical recording of usage for the measurement of success and reach, in order to be able to send notifications and communications effectively and user-friendly, and on a permanent, secure and reliable basis, based on the needs and reading habits of the recipients.
8.2 Consent and Objection
You must generally expressly consent to the use of your email address and your other contact addresses, unless their use is permitted for other legal reasons. We use the "double opt-in" procedure as far as possible for any consent, which means that you receive an email with a web link that you must click to confirm in order to prevent misuse by unauthorized third parties. We may log such consents, including Internet Protocol (IP) address as well as date and time 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. Exceptions are required notifications and communications in connection with our activities and tasks.
8.3 Service Providers for Notifications and Communications
We send notifications and communications with the help of specialized service providers.
9. Social Media
We are present on social media platforms and other online platforms to communicate with interested parties and to inform about our activities and tasks. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).
For our social media presence on Facebook including the so-called page insights, we are - where 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 (among others in the USA). Page Insights provide insights into how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook effectively and user-friendly.
10. Third Party Services
We use services from specialized third parties to be able to carry out our activities and tasks permanently, user-friendly, secure, and reliably. With such services, we can embed functions and content into our website. In such embedding, the services used technically necessarily capture at least temporarily the Internet Protocol (IP) addresses of the users.
For required security-related, statistical, and technical purposes, third parties, whose services we use, can process data related to our activities and tasks in an aggregated, anonymized, or pseudonymized form. These are, for example, performance or usage data in order to be able to offer the respective service.
We use in particular:
10.1 Digital Infrastructure
We use services from specialized third parties to take advantage of necessary digital infrastructure related to our activities and tasks. This includes, for example, hosting and storage services from selected providers.
We use in particular:
10.2 Automation and Integration of Apps and Services
We use specialised platforms to integrate and connect existing third-party apps and services. With such "No-Code" platforms, we can also automate workflows and activities with third-party apps and services.
We particularly use:
10.3 Contact Options
We use services from selected providers to better communicate with third parties, such as potential and existing customers.
10.4 Audio and Video Conferences
We recommend, depending on the life situation, to mute the microphone as standard when participating in audio or video conferences, as well as to blur the background or have a virtual background displayed.
We particularly use:
- Microsoft Teams: Platform among others for audio and video conferences; Provider: Microsoft; Teams-specific information: "Privacy and Microsoft Teams".
10.5 Social Media Features and Social Media Content
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 particularly use:
10.6 Map Material
We use third-party services to embed maps into our website.
We particularly use:
- Google Maps including Google Maps Platform: Map service; Provider: Google; Google Maps-specific information: "How Google uses location information".
We operate e-commerce and use third-party services to successfully offer services, content, or goods.
We use specialized service providers to securely and reliably process payments from our customers. The processing of payments is subject to additional legal texts of individual service providers such as General Terms and Conditions (GTC) or privacy policies.
We use the opportunity to display targeted advertising for our activities and operations with third parties such as social media platforms and search engines.
We particularly want to reach people with such advertising who are already interested in our activities and operations or who could be interested (Remarketing and Targeting). For this purpose, we can transmit corresponding – possibly also personal – information to third parties that enable such advertising. We can also determine whether our advertising is successful, in particular, whether it leads to visits to our website (Conversion Tracking).
Third parties where we advertise and where you are registered as a user can possibly assign the use of our online offer to your profile there.
We particularly use:
- Google Ads: Search engine advertising; Provider: Google; Google Ads-specific information: Advertising based on search queries, with various domain names – particularly doubleclick.net, googleadservices.com, and googlesyndication.com – used for Google Ads, "Advertising" (Google), "Why am I seeing this ad?".
11. 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 effect of third-party links to our website. However, we can also try out and compare how different versions of our online offering or parts of our online offering are used (the "A/B test" method). Based on the results of the success and reach measurement, we can in particular fix errors, strengthen popular content or make improvements to our online offering.
When using services and programs for success and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are generally shortened ("IP-Masking") to follow the principle of data economy and thereby improve the data protection of users.
When using services and programs for success and reach measurement, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or the content viewed on our website, information about the size of the screen or browser window and the - at least approximate - location. Generally, user profiles are created exclusively pseudonymized. We do not use user profiles for the identification of individual users. Some third-party services where users are logged in may possibly assign the use of our online offering to the user account or user profile with the respective service.
We use in particular:
- 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 Internet Protocol (IP) addresses, which are only exceptionally transferred in full to Google in the USA, "Data protection", "Browser Add-on for deactivation of Google Analytics".
- Google Tag Manager: Integration and management of other services for success 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 data protection information can be found in the individual integrated and managed services.
12. Video Surveillance
We use video surveillance to prevent crimes and to secure evidence in the event of crimes, as well as to exercise our house rights. This represents - if and to the extent the General Data Protection Regulation (GDPR) applies - predominant legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR.
We store recordings from our video surveillance as long as they are necessary for securing evidence.
We may secure recordings due to legal obligations, to enforce our own legal claims and in case of suspicion of crimes, and transmit them to competent authorities such as in particular court or law enforcement agencies.
13. Final Provisions
We can adjust and supplement this privacy statement at any time. We will inform about such adjustments and additions in an appropriate form, in particular by publishing the respective current privacy statement on our website.