Data protection

The general terms and conditions

Privacy policy

The responsible party within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (DSGVO), is:


Hotel Alca Filli
Klaus Otto Dörr
Röven 61
7530 Zernez

Phone: +41 81 851 51 51
Email: info@malixerhof.ch
WebSite: https://malixerhof.ch

 

General information

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person has the right to protection of their privacy as well as protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and according to the legal data protection regulations as well as this data protection declaration.

In cooperation with our hosting providers, we make every effort to protect the databases as well as possible from unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

By using this website, you consent to the collection, processing and use of data in accordance with the following description. This website can generally be visited without registration. In the process, data such as pages called up or the name of the file called up, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address are collected as far as possible on a voluntary basis. Without your consent, the data will not be passed on to third parties.

 

Processing of personal data

Personal data is any information that relates to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. Furthermore, we process personal data - insofar as and to the extent that the EU Data Protection Regulation applies - in accordance with the following legal bases in connection with Art. 6 (1) DSGVO:

  • lit. a) Processing of personal data with the consent of the data subject.
  • lit. b) Processing of personal data for the performance of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.
  • c) processing of personal data in order to comply with a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the GDPR applies. applicable in whole or in part.
  • lit. d) processing of personal data in order to protect the vital interests of the data subject or of another natural person.
  • f) 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 are overridden. Legitimate interests are in particular our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data for the period of time required for the respective purpose or purposes. In the case of longer-term storage obligations due to legal and other obligations to which we are subject, we restrict the processing accordingly.

 

Privacy policy for cookies

This website uses cookies. These are small text files that make it possible to store specific information related to the user on the user's terminal device while the user is using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyse the behaviour of page use, but also to make our offer more customer-friendly. Cookies remain stored beyond the end of a browser session and can be accessed again when you visit the site again. If you do not wish this, you should set your internet browser to refuse the acceptance of cookies.

A general objection to the use of cookies for online marketing purposes can be made for many of the services, especially in the case of tracking, via the US-American site http://www.aboutads.info/choices/ or the EU side http://www.youronlinechoices.com/ be explained. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that not all functions of this online offer can then be used.

 

Privacy policy for SSL/TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

 

Privacy policy for server log files

The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and browser version
  • operating system used
  • referrer URL
  • Host name of the accessing computer
  • Time of the server request

This data cannot be assigned to specific persons. A combination of this data with other data sources is not made. We reserve the right to check this data retrospectively if we become aware of concrete indications of illegal use.

 

Third party services

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos.

These services of the American Google LLC use, among other things, cookies and, as a result, data is transferred to Google in the USA, although we assume that no personal tracking takes place in this context solely through the use of our website.

Google has committed to ensuring adequate data protection in accordance with the US-European and US-Swiss Privacy Shields.

Further information can be found in the Privacy policy of Google.

 

Privacy policy for contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We do not pass on this data without your consent.

 

Privacy policy for newsletter data

If you would like to receive the newsletter offered on this website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and agree to receive the newsletter. Further data will not be collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

You can revoke your consent to the storage of data, the e-mail address and its use for sending the newsletter at any time, for example via the "unsubscribe link" in the newsletter.

 

Privacy policy for comment function on this website

For the comment function on this website, in addition to your comment, details of when the comment was created, your e-mail address and, if you do not post anonymously, the user name you have chosen will be stored.

Storage of the IP address

Our comment function stores the IP addresses of users who post comments. Since we do not check comments on our site before they are activated, we need this data to be able to take action against the author in the event of legal violations such as insults or propaganda.

Subscribe to comments

As a user of the site, you can subscribe to comments after registering. You will receive a confirmation email to verify that you are the owner of the email address provided. You can unsubscribe from this function at any time via a link in the info emails.

 

Rights of data subjects

right of confirmation

Every data subject has the right to obtain confirmation from the website operator as to whether personal data concerning him or her are being processed. If you wish to exercise this right, you may, at any time, contact the Data Protection Officer.


Right to information

Every person affected by the processing of personal data has the right to receive information about the personal data stored about him or her and a copy of this information from the operator of this website free of charge at any time. Furthermore, information may be provided about the following information, if applicable:

  • the processing purposes
  • the categories of personal data processed
  • the recipients to whom the personal data have been or will be disclosed
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: All available information on the origin of the data

Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.

If you would like to make use of this right to information, you can contact our data protection officer at any time.


right of rectification

Any person concerned by the processing of personal data shall have the right to obtain the rectification without delay of inaccurate personal data relating to him or her. The data subject shall also have the right to obtain, taking into account the purposes of the processing, the completion of any incomplete personal data, including by means of a supplementary declaration.

If you would like to make use of this right of correction, you can contact our data protection officer at any time.


Right to erasure (right to be forgotten)

Any person concerned by the processing of personal data has the right to obtain from the controller of this website the immediate erasure of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:

  • The personal data have been collected or otherwise processed for purposes for which they are no longer necessary
  • The data subject withdraws the consent on which the processing was based and there is no other legal basis for the processing
  • The data subject objects to the processing on grounds relating to his or her particular situation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in the case of direct marketing and related profiling
  • The personal data have been processed unlawfully
  • The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject
  • The personal data have been collected in relation to information society services offered directly to a child

If one of the above reasons applies and you wish to arrange for the deletion of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the deletion request to be complied with immediately.


Right to restrict processing

Any person concerned by the processing of personal data has the right to obtain from the controller of this website the restriction of processing if one of the following conditions is met:

  • the accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data
  • The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data
  • The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defence of legal claims
  • The data subject has objected to the processing on grounds relating to his or her particular situation, and it is not yet clear whether the legitimate interests of the controller are overridden by those of the data subject.

If one of the above conditions is met, you may request the restriction of personal data stored by the operator of this website at any time by contacting our data protection officer. The data protection officer of this website will arrange the restriction of the processing.


Right to data portability

Every person affected by the processing of personal data has the right to receive the personal data concerning him or her in a structured, common and machine-readable format. They also have the right to have this data transferred to another controller if the legal requirements are met.

Furthermore, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

To assert the right to data portability, you can contact the data protection officer appointed by the operator of this website at any time.


right to object

Any person concerned by the processing of personal data has the right to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her.

The operator of this website shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or if the processing serves the assertion, exercise or defence of legal claims.

To exercise your right to object, you can contact the data protection officer of this website directly.


Right to revoke a data protection consent

Any person concerned by the processing of personal data shall have the right to withdraw at any time any consent given for the processing of personal data.

If you wish to exercise your right to withdraw your consent, you can contact our data protection officer at any time.

 

Privacy policy for contradiction advertising mails

The use of contact data published within the framework of the imprint obligation for the purpose of sending advertising and information material not expressly requested is hereby prohibited. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

 

Services for which a charge is made

For the provision of chargeable services, we request additional data, such as payment details, in order to be able to execute your order. We store this data in our systems until the statutory retention periods have expired.

 

Use of Google Maps

This website uses the offer of Google Maps. This enables us to show you interactive maps directly on the website and allows you to comfortably use the map function. By visiting the website, Google receives the information that you have accessed the corresponding sub-page of our website. This occurs regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be directly assigned to your account. If you do not wish to be associated with your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purpose of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. For more information on the purpose and scope of data collection and processing by Google, as well as further information on your rights in this regard and settings options for protecting your privacy, please visit: www.google.de/intl/de/policies/privacy.

 

Use of Google reCAPTCHA

This website uses the reCAPTCHA service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). The query serves the purpose of distinguishing whether the input is made by a human or by automated, machine processing. The query includes the sending of the IP address and possibly other data required by Google for the reCAPTCHA service to Google. For this purpose, your input is transmitted to Google and further used there. However, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha will not be merged with any other data held by Google. Your data may also be transmitted to the USA. For data transfers to the USA, there is an adequacy decision of the European Commission, the "Privacy Shield". Google participates in the "Privacy Shield" and has submitted to the requirements. By pressing the query, you consent to the processing of your data. The processing is based on Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.

You can find more information about Google reCAPTCHA and the associated privacy policy at: https://policies.google.com/privacy?hl=de

 

Privacy policy for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the data controller on this website is located outside the European Economic Area or Switzerland, the Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google".

The statistics obtained enable us to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under "My data", "Personal data".

The legal basis for the use of Google Analytics is Art. 6 para. 1 p. 1 lit. f DS-GVO. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. We would like to point out that on this website Google Analytics has been extended by the code "_anonymizeIp();" in order to ensure anonymous collection of IP addresses. This means that IP addresses are processed in abbreviated form, thus excluding the possibility of personal references. If the data collected about you is related to a person, this is therefore immediately excluded and the personal data is deleted immediately.

Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Google Analytics uses cookies. The information generated by the cookie about your use of this website will be transmitted to and stored by Google on servers in the United States. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link: Deactivate Google Analytics.

You can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics. This saves a so-called opt-out cookie on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your terminal device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you wish to continue to prevent this form of data collection. The opt-out cookies are set per browser and computer/end device and must therefore be activated separately for each browser, computer or other end device.

 

Privacy policy for Google Ads

This website uses the online marketing tool Google Ads by Google ("Google Ads"). Google Ads uses cookies to serve ads that are relevant to users, to improve campaign performance reports, or to prevent a user from seeing the same ads more than once. Google uses a cookie ID to track which ads are served in which browser and to prevent them from being shown more than once. In addition, Google Ads can use cookie IDs to record so-called conversions that are related to ad requests. This is the case, for example, when a user sees a Google Ads ad and later visits the advertiser's website with the same browser and makes a purchase. According to Google, Google Ads cookies do not contain any personal information.

Due to the marketing tools used, your browser automatically establishes a direct connection with the Google server. Through the integration of Google Ads, Google receives the information that you have called up the corresponding part of our website or clicked on an ad from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, there is the possibility that Google learns your IP address and stores it.

You can prevent participation in this tracking process in several ways:

  • by adjusting the settings of your browser software accordingly; in particular, the suppression of third-party cookies will prevent you from receiving ads from third-party providers;
  • by disabling cookies for conversion tracking by setting your browser to block cookies from the domain "www.googleadservices.com", https://adssettings.google.com, whereby this setting is deleted when you delete your cookies;
  • by deactivating the interest-based ads of the providers, which are part of the self-regulation campaign "About Ads", via the link https://www.aboutads.info/choices, whereby this setting is deleted when you delete your cookies;
  • by permanent deactivation in your browsers Firefox, Internetexplorer or Google Chrome under the link https://www.google.com/settings/ads/plugin. We point out that in this case you may not be able to use all functions of this offer in full.

The legal basis for the processing of your data is a balancing of interests, according to which the processing of your personal data described above is not opposed by any overriding interests on your part (Art. 6 (1) sentence 1 lit. f DSGVO). You can obtain further information on Google Ads from Google at https://ads.google.com/intl/de_DE/home/, as well as on Google privacy in general: https://www.google.de/intl/de/policies/privacy. Alternatively, you can visit the Network Advertising Initiative (NAI) website at https://www.networkadvertising.org visit.

 

Privacy policy for the use of Google Web Fonts

This website uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly. If your browser does not support web fonts, a standard font is used by your computer.

You can find more information about Google Web Fonts at https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.com/policies/privacy/

 

Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus integrate, for example, Google Analytics and other Google marketing services into our online offer. The Tag Manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users' personal data, please refer to the following information on Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.

 

Privacy policy for Facebook

This website uses functions of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA . When you call up our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. In the process, data is already transferred to Facebook. If you have a Facebook account, this data can be linked to it. If you do not wish this data to be associated with your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or the clicking of a "Like" or "Share" button are also passed on to Facebook. You can find out more under https://de-de.facebook.com/about/privacy.

 

Privacy policy for Twitter

This website uses functions of Twitter, Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. When calling up our pages with Twitter plug-ins, a connection is established between your browser and the servers of Twitter. In the process, data is already transferred to Twitter. If you have a Twitter account, this data can be linked to it. If you do not wish this data to be associated with your Twitter account, please log out of Twitter before visiting our site. Interactions, in particular clicking on a "re-tweet" button, are also passed on to Twitter. Learn more under https://twitter.com/privacy.

 

Privacy policy for Instagram

Functions of the Instagram service are integrated on our website. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram.

For more information, please see Instagram's privacy policy: http://instagram.com/about/legal/privacy/

 

External payment service providers

This website uses external payment service providers through whose platforms users and we can make payment transactions. For example via

  • PostFinance (https://www.postfinance.ch/de/detail/rechtliches-barrierefreiheit.html)
  • Visa (https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html)
  • Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)
  • American Express (https://www.americanexpress.com/de/legal/online-datenschutzerklarung.html)
  • Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)
  • Bexio AG (https://www.bexio.com/de-CH/datenschutz)
  • Payrexx AG (https://www.payrexx.ch/site/assets/files/2592/datenschutzerklaerung.pdf)
  • Apple Pay (https://support.apple.com/de-ch/ht203027)
  • Stripe (https://stripe.com/ch/privacy)
  • Klarna (https://www.klarna.com/de/datenschutz/)
  • Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/)
  • Giropay (https://www.giropay.de/rechtliches/datenschutzerklaerung) etc.

In the context of the performance of contracts, we use the payment service providers on the basis of the Swiss Data Protection Ordinance and, where necessary, Art. 6 para. 1 lit. b. EU-DSGVO. Furthermore, we use external payment service providers on the basis of our legitimate interests pursuant to the Swiss Data Protection Ordinance as well as, and to the extent necessary, pursuant to Art. 6 para. 1 lit. f. EU-DSGVO in order to offer our users effective and secure payment options.

The data processed by the payment service providers include inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as the contract, totals and recipient-related information. The information is required to complete the transactions. However, the data entered is only processed by the payment service providers and stored with them. We as the operator do not receive any information about (bank) account or credit card, but only information to confirm (accept) or reject the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard, we refer to the terms and conditions and data protection information of the payment service providers.

For payment transactions, the terms and conditions and the data protection information of the respective payment service providers apply, which can be accessed within the respective website or transaction applications. We also refer to these for the purpose of further information and assertion of revocation, information and other data subject rights.

 

Privacy policy for YouTube

Functions of the "YouTube" service are integrated on this website. "YouTube" is owned by Google Ireland Limited, a company incorporated and operated under the laws of Ireland with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which operates the services in the European Economic Area and Switzerland.

Your legal agreement with "YouTube" consists of the terms and conditions found at the following link: https://www.youtube.com/static?gl=de&template=terms&hl=de. These Terms constitute a legally binding agreement between you and "YouTube" regarding your use of the Services. Google's Privacy Policy explains how YouTube treats and protects your personal information when you use the Service.

 

Copyright

The copyright and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.

Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and possibly to damages.

 

General disclaimer

All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and up-to-dateness of information, including journalistic and editorial information. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

The publisher may change or delete texts at his own discretion and without notice and is not obliged to update the contents of this website. The use of or access to this website is at the visitor's own risk. The publisher, his clients or partners are not responsible for damages, such as direct, indirect, accidental, damages to be determined in advance or consequential damages, which are allegedly caused by the visit of this website and therefore do not assume any liability.

The publisher also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked sites are exclusively responsible for their content. The publisher thus expressly distances himself from all third-party content that may be relevant under criminal or liability law or that may offend common decency.

 

Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website will apply. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

 

Questions to the Data Protection Officer

If you have any questions about data protection, please write to us by e-mail or contact the person in our organisation responsible for data protection listed at the beginning of the data protection declaration directly.

 

Zernez, 09.12.2020
Source: SwissAnwalt