We are subject to Swiss data protection law and, if applicable, foreign data protection law, especially that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission acknowledges that Swiss data protection law ensures adequate data protection.
1. Contact Addresses
Responsibility for the processing of personal data:
Hotel Stern Chur
We point out if there are other parties responsible for processing personal data in individual cases.
1.1 Data Protection Officer or Data Protection Advisor
We have the following data protection officer or the following data protection advisor as a point of contact for affected individuals and authorities for inquiries related to data protection:
Adrian K. Müller
Hotel Stern Chur
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
The data protection representation serves affected individuals and authorities in the European Union (EU) and in the rest of the European Economic Area (EEA) as an additional point of contact for inquiries related to the GDPR.
2. Terms and Legal Bases
Personal data refers to all information related to an identified or identifiable natural person. A data subject is a person whose personal data we process.
Processing encompasses any handling of personal data, regardless of the methods and means used, for example, querying, matching, adjusting, archiving, retaining, reading, disclosing, obtaining, recording, collecting, deleting, revealing, arranging, organizing, storing, modifying, distributing, linking, destroying, and using personal data.
The European Economic Area (EEA) comprises 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 information.
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 data subject and for carrying out pre-contractual measures.
- Art. 6 Para. 1 lit. f GDPR for the necessary processing of personal data to safeguard the legitimate interests of us or third parties, provided that the fundamental freedoms and rights and interests of the data subject do not override. Legitimate interests include, in particular, our interest in being able to carry out our activities and tasks in a lasting, user-friendly, secure, and reliable manner and to be able to communicate about them, ensuring information security, protecting against misuse, asserting our legal claims, and complying 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 are subject under 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 to perform a task in the public interest.
- Art. 6 Para. 1 lit. a GDPR for processing personal data with the consent of the data subject.
- Art. 6 Para. 1 lit. d GDPR for the necessary processing of personal data to protect the 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 carry out our activities and operations in a user-friendly, secure, and reliable manner. Such personal data can particularly 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 for the duration necessary for the respective purpose or purposes or as required by law. Personal data that is no longer required for processing is anonymized or deleted.
We may have personal data processed by third parties. We can process personal data together with third parties or transmit it to third parties. Such third parties are particularly specialized providers whose services we use. We also ensure data protection with such third parties.
We only process personal data with the consent of the affected person unless the processing is permitted for other legal reasons. Processing without consent may, for example, be permissible to fulfill a contract with the affected person and for corresponding pre-contractual measures, to safeguard our predominant 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 submits 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, for example, store such details in an address book, in a Customer Relationship Management system (CRM system), or using comparable tools. If we receive data about other persons from transmitting parties, they are obligated to ensure data protection towards these persons and to ensure the accuracy of this personal data.
We also process personal data that we obtain from third parties, procure from publicly accessible sources, or collect in the course of our activities and operations, as long as such processing is permissible for legal reasons.
4. Personal Data Abroad
We process personal data primarily in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, especially to process or have it processed there.
We can export personal data to all countries and territories on Earth and elsewhere in the Universe, provided that the local law, according to the decision of the Swiss Federal Council, ensures adequate data protection and – if and to the extent the General Data Protection Regulation (GDPR) applies – according to the decision of the European Commission, guarantees adequate data protection.
We may transfer 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 suitable guarantees. Exceptionally, we may export personal data to countries without adequate or suitable data protection if the specific data protection prerequisites 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 will gladly inform affected individuals about any guarantees or provide a copy of any such guarantees.
5. Rights of Affected Individuals
5.1 Data Protection Claims
We grant affected individuals all rights in accordance with applicable data protection law. Affected individuals have, in particular, the following rights:
- Access: Affected individuals can request information on whether we process personal data about them, and if so, which personal data. Affected individuals also receive the information necessary to assert their data protection rights and ensure transparency. This includes the processed personal data itself, but also details about the purpose of processing, the duration of storage, any disclosure or potential export of data to other countries, and the origin of the personal data.
- Correction and Limitation: Affected individuals can correct inaccurate personal data, complete incomplete data, and request the limitation of the processing of their data.
- Deletion and Objection: Affected individuals can request the deletion of personal data (the "right to be forgotten") and object to the future processing of their data.
- Data Release and Data Transfer: Affected individuals can request the release of personal data or the transfer of their data to another responsible party.
We may postpone, limit, or deny the exercise of rights by affected individuals within the legally permissible framework. We may inform affected individuals of any prerequisites that must be met to exercise their data protection rights. For instance, we might partially or fully deny information with reference to trade secrets or the protection of other individuals. Similarly, we might partially or fully deny the deletion of personal data citing statutory retention obligations.
We might exceptionally charge fees for the exercise of rights. We will inform affected individuals in advance about any potential costs.
We are obligated to identify affected individuals who request information or assert other rights using appropriate measures. Affected individuals are obligated to cooperate.
5.2 Right to Complain
Affected individuals have the right to enforce their data protection claims through legal means or to file a complaint with a competent data protection supervisory authority.
The data protection supervisory authority for private entities and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
If and to the extent that the General Data Protection Regulation (GDPR) applies, affected individuals have the right to lodge a complaint with a competent European data protection supervisory authority.
6. Data Security
We take appropriate technical and organizational measures to ensure data security commensurate with the respective risk. However, we cannot guarantee absolute data security.
Access to our website is secured using transport encryption (SSL/TLS, especially with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock icon in the address bar.
Our digital communication is - as is fundamentally the case with all digital communication - subject to mass surveillance without cause or suspicion, as well as other forms of 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 intelligence services, police departments, and other security authorities.
7. Use of the Website
Cookies can be stored temporarily in the browser as "Session Cookies" or for a specific period as so-called permanent cookies. "Session Cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage duration. Cookies, in particular, enable a browser to be recognized on our website during the next visit, and, for instance, measure the reach of our website. Permanent cookies can also be used for online marketing.
For cookies used for success and reach measurement or for advertising, a general objection ("Opt-out") is possible for numerous services via the AdChoices (Digital Advertising Alliance), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance), or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).
7.2 Server Log Files
For each access to our website, we may record the following information, as long as it is transmitted from your browser to our server infrastructure or can be determined by our web server: Date and time including timezone, 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 the amount of data transferred, the last webpage accessed in the same browser window (referer or referrer).
We store such information, which can also constitute personal data, in server log files. This information is necessary to permanently provide our website in a user-friendly and reliable manner, and to ensure data security, especially the protection of personal data — even by third parties or with the help of third parties.
7.3 Tracking Pixels
We may use tracking pixels on our website. Tracking pixels are also referred to as web beacons. Tracking pixels — even from third parties whose services we use — are small, typically invisible images that are automatically retrieved when visiting our website. Tracking pixels can capture the same information as server log files.
8. Notifications and Communications
We send notifications and communications via email and through other communication channels such as instant messaging or SMS.
8.1 Success and Reach Measurement
Notifications and communications may contain web links or tracking pixels that record whether an individual message was opened and which web links were clicked. Such web links and tracking pixels can also record the use of notifications and communications in a personally identifiable manner. We require this statistical recording of usage for success and reach measurement, to send notifications and communications effectively and user-friendly, as well as consistently, safely, and reliably, based on the needs and reading habits of the recipients.
8.2 Consent and Objection
You must generally give explicit consent for the use of your email address and other contact addresses unless allowed for other legal reasons. If possible, we use the "double opt-in" procedure for obtaining consent, meaning you will receive an email with a web link which you must click to confirm, to prevent unauthorized third parties from misusing the service. We may log such consents, including the Internet Protocol (IP) address and date and time, for evidence and security reasons.
You can generally object to receiving notifications and communications, such as newsletters, at any time. By objecting in such a manner, you can simultaneously oppose the statistical recording of use for success and reach measurement. This does not include necessary notifications and communications related to our activities and operations.
8.3 Service Providers for Notifications and Communications
We send notifications and communications with the assistance of specialized service providers.
9. 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 these platforms, personal data may also be processed outside of Switzerland and the European Economic Area (EEA).
The respective terms and conditions, usage terms, privacy policies, and other provisions of individual platform operators also apply. These provisions provide detailed information, in particular, about the rights of affected individuals directly towards 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 - where and to the extent the General Data Protection Regulation (GDPR) applies - jointly responsible with Meta Platforms Ireland Limited (Ireland). The Meta Platforms Ireland Limited is part of the Meta Companies (among others in the USA). Page Insights provides insights into how visitors interact with our Facebook presence. We use Page Insights to effectively and user-friendly offer our Social Media presence on Facebook.
10. Third-Party Services
We use services from specialized third parties to carry out our activities and operations in a sustainable, user-friendly, safe, and reliable manner. With such services, we can, among other things, embed functions and content into our website. When embedding, the used services technically and necessarily capture at least the Internet Protocol (IP) addresses of users temporarily.
For required security-relevant, statistical, and technical purposes, third parties whose services we use may process data related to our activities and operations in an aggregated, anonymized, or pseudonymized manner. This includes, for example, performance or usage data to offer the respective service.
We use in particular:
10.1 Digital Infrastructure
We use services from specialized third parties to access the necessary digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.
We especially use:
10.2 Contact Options
We use services from selected providers to better communicate with third parties, such as potential and existing customers.
10.3 Audio and Video Conferences
We recommend, depending on the life situation, to mute the microphone by default when participating in audio or video conferences and to blur the background or overlay a virtual background.
We especially use:
- Microsoft Teams: Platform for audio and video conferences, among other things; Provider: Microsoft; Teams-specific information: "Privacy and Microsoft Teams".
10.4 Social Media Features and Social Media Content
We use services and plugins from third parties to embed features and content from social media platforms, as well as to enable the sharing of content on social media platforms and through other means.
We particularly use:
10.5 Map Material
We use services from third parties 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".
10.6 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 use:
- YouTube: Video platform; Provider: Google; YouTube-specific information: "Privacy and Security Center", "My data on YouTube".
We use third-party services to embed selected fonts as well as icons, logos, and symbols on our website.
In particular, we use:
- Google Fonts: Fonts; Provider: Google; Specific information on Google Fonts: "Privacy and Google Fonts", "Privacy and Data Collection".
We use the opportunity to display advertisements for our activities and operations on third-party platforms, such as social media platforms and search engines.
We aim to reach individuals with such advertising, particularly those who are already interested in our activities and operations or could be interested (Remarketing and Targeting). For this purpose, we may transmit respective – possibly also personal – data to third parties that enable such advertising. We can also determine whether our advertising is successful, especially if it leads to visits to our website (Conversion Tracking).
Third parties, where we advertise and where you are registered as a user, may associate the use of our online offerings with your profile there.
We use in particular:
- Google Ads: Search Engine Advertising; Provider: Google; Google Ads specific details: Advertising based on search queries, using various domain names – especially doubleclick.net, googleadservices.com, and googlesyndication.com – for Google Ads, "Advertising" (Google), "Why am I seeing a particular ad?".
- Microsoft Advertising: Search Engine Advertising on Bing, DuckDuckGo, and Yahoo!; Provider: Microsoft; Specific details for Microsoft Advertising: "Microsoft Advertising Privacy Policies", "Microsoft Advertising Policies: Legal, Privacy, and Security", "Advertising Settings" (Opt-out of personalized advertising).
11. Success and Reach Measurement
We aim to determine how our online offer is being used. In this context, for example, we can measure the success and reach of our activities and operations, as well as the impact of third-party links to our website. We can also experiment with and compare how different parts or versions of our online offer are used (using the "A/B test" method). Based on the results of success and reach measurements, we can especially fix errors, enhance popular content, or make improvements to our online offer.
For success and reach measurements, the Internet Protocol (IP) addresses of individual users are typically stored. In this case, IP addresses are fundamentally shortened ("IP-Masking") to follow the principle of data minimization through the respective pseudonymization.
For success and reach measurement, cookies can be used, and user profiles may be created. Possible user profiles, for instance, include visited individual pages or viewed content on our website, information about the size of the screen or browser window, and the—at least approximate—location. Fundamentally, any user profiles are created pseudonymously and are not used for identifying individual users. Some third-party services, where users are logged in, may possibly associate the use of our online offer with the user account or user profile at the respective service.
We especially use:
- Google Analytics: Success and reach measurement; Provider: Google; Specific information about Google Analytics: Measurement across various browsers and devices (Cross-Device Tracking), and with pseudonymized Internet Protocol (IP) addresses, which are only exceptionally transferred in full to Google in the USA, "Privacy", "Browser Add-on to Deactivate Google Analytics".
- Google Tag Manager: Integration and management of other services for success and reach measurement, as well as additional services from Google and third parties; Provider: Google; Specific information about Google Tag Manager: "Data Collected with Google Tag Manager"; further privacy details 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 property rights. If and when the General Data Protection Regulation (GDPR) is applicable, this concerns overriding legitimate interests according to Art. 6 Para. 1 lit. f GDPR.
We store recordings from our video surveillance as long as they are required for securing evidence.
Based on legal obligations, to assert our own legal claims, and in cases of suspected criminal offenses, we may secure recordings and transmit them to relevant authorities, particularly to judicial or law enforcement agencies.
13. Final Provisions