PRIVACY POLICYPursuant to Article 13 of the Swiss Federal Constitution and the federal data protection provisions (Data Protection Act, DSG), every person has the right to privacy and to protection against the misuse of their personal data. We comply with these provisions. Personal data is treated as strictly confidential and is neither sold nor disclosed to third parties. In close cooperation with our hosting providers, we strive to protect our databases as effectively as possible against unauthorized access, loss, misuse, or falsification. When you access our websites, the following data is stored in log files: IP address, date, time, browser request, and general information transmitted regarding the operating system or browser. This usage data forms the basis for statistical, anonymous analyses, enabling us to identify trends that allow us to improve our offerings accordingly.
1. Definitions
The AlpRent.ch Privacy Policy is based on the terminology used by European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance. In this Privacy Policy, we use the following terms, among others:
• a) Personal data: Personal data refers to any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier, or one or more specific characteristics that reflect the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
• b) Data subject A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
• c) Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution, or any other form of making available; the alignment or combination; the restriction, erasure, or destruction.
• d) Restriction of processing: Restriction of processing means the marking of stored personal data with the aim of limiting its future processing.
• e) Profiling means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
• f) Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures that ensure the personal data is not attributed to an identified or identifiable natural person.
• g) “Controller” means the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data. If the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.
• h) A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
• i) A recipient is a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, regardless of whether it is a third party or not. However, public authorities that may receive personal data in the course of a specific investigative mandate under Union law or the law of the Member States are not considered recipients.
• j) “Third party” means a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
• k) Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes, expressed by a statement or by a clear affirmative action, by which the data subject signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the Data Controller
The data controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:
AlpRent – Vacation Rentals (alprent.ch), Alexander Schmidt Via Serlas 9 7500 St. Moritz Switzerland Phone: +41 79 419 30 11 Email: booking@alprent.ch Website: www.alprent.ch
3. Cookies The AlpRent.ch websites use cookies.
Cookies are text files that are placed and stored on a computer system via a web browser. Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to associate the cookie with the specific web browser in which it was stored. This enables the visited websites and servers to distinguish the data subject’s individual browser from other web browsers that contain different cookies. A specific web browser can be recognized and identified via the unique cookie ID. By using cookies, AlpRent.ch can provide users of this website with more user-friendly services that would not be possible without setting cookies. Cookies allow us to optimize the information and offers on our website to better suit the user’s needs. As mentioned above, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website that uses cookies does not have to re-enter their login credentials every time they visit the website, because this information is retrieved by the website and the cookie stored on the user’s computer system. Another example is the shopping cart cookie in an online store. The online store uses a cookie to remember the items a customer has placed in the virtual shopping cart. The data subject can prevent our website from setting cookies at any time by adjusting the settings of the web browser being used, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via a web browser or other software programs. This is possible in all common web browsers. If the data subject disables the setting of cookies in the web browser they are using, not all functions of our website may be fully usable under certain circumstances.
4. Collection of General Data and Information
The AlpRent.ch website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called “referrer”), (4) the subpages on our website accessed via the accessing system, (5) the date and time of access to the website, (6) an Internet Protocol (IP) address, (7) the Internet service provider of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems. AlpRent.ch does not draw any conclusions about the data subject when using this general data and information. Rather, this information is required to (1) correctly deliver the content of our website, (2) to optimize the content of our website as well as the advertising on it, (3) to ensure the continued functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. AlpRent.ch therefore evaluates this anonymously collected data and information both for statistical purposes and with the aim of enhancing data protection and data security within our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from any personal data provided by a data subject.
5. Subscription to Our Newsletter
On the AlpRent.ch website, users are given the opportunity to subscribe to our company’s newsletter. The personal data transmitted to the data controller when subscribing to the newsletter is determined by the input form used for this purpose. AlpRent.ch informs its customers and business partners at regular intervals via a newsletter about the company’s offers. In general, a data subject can only receive our company’s newsletter if (1) the data subject has a valid email address and (2) the data subject registers to receive the newsletter. For legal reasons, a confirmation email is sent to the email address provided by a data subject when first registering for the newsletter, using the double opt-in procedure. This confirmation email serves to verify whether the owner of the email address, as the data subject, has authorized receipt of the newsletter. When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) to the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary to be able to trace any (potential) misuse of a data subject’s email address at a later date and therefore serves to provide legal protection for the data controller. The personal data collected as part of a newsletter subscription is used exclusively for sending our newsletter. Furthermore, newsletter subscribers may be notified by email if this is necessary for the operation of the newsletter service or for related registration purposes, such as in the event of changes to the newsletter content or alterations to the technical conditions. Personal data collected in connection with the newsletter service will not be disclosed to third parties. The data subject may cancel their subscription to our newsletter at any time. Consent to the storage of personal data that the data subject has provided to us for the purpose of sending the newsletter may be revoked at any time. A link for revoking consent is included in every newsletter. Furthermore, it is possible to unsubscribe from the newsletter at any time directly on the data controller’s website or to notify the data controller of this in another manner.
6. Newsletter Tracking
The AlpRent.ch newsletters contain so-called web beacons. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to enable log file recording and analysis. This allows for a statistical evaluation of the success or failure of online marketing campaigns. Using the embedded web beacon, AlpRent.ch can determine whether and when a data subject has opened an email and which links contained in the email were clicked by the data subject. Such personal data collected via the tracking pixels contained in the newsletters is stored and analyzed by the data controller to optimize newsletter distribution and to tailor the content of future newsletters even better to the data subject’s interests. This personal data is not disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent provided via the double opt-in procedure. Following revocation, this personal data will be deleted by the data controller. AlpRent.ch automatically interprets unsubscribing from the newsletter as a revocation.
7. Routine Deletion and Blocking of Personal Data
The data controller processes and stores the data subject’s personal data only for the period necessary to achieve the purpose of storage or to the extent provided for by the European legislative or another legislator in laws or regulations to which the data controller is subject. If the purpose of storage no longer applies or if a retention period prescribed by the European legislative and regulatory authorities or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.
8. Rights of the Data Subject
• a) Right to Confirmation Every data subject has the right, granted by the European legislative and regulatory authorities, to request confirmation from the data controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact our Data Protection Officer or another employee of the controller at any time.
• b) Right of Access Every data subject affected by the processing of personal data has the right, as granted by European legislation, to obtain from the controller, at any time and free of charge, information regarding the personal data stored about them and a copy of such information. Furthermore, European legislation grants the data subject the right to receive the following information:• the purposes of the processing • the categories of personal data being processed • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations • if possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria for determining that duration • the existence of a right to have personal data concerning them rectified or erased, or to have processing restricted by the controller, or a right to object to such processing • the existence of a right to lodge a complaint with a supervisory authority • if the personal data are not collected from the data subject: All available information regarding the origin of the data • the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and—at least in these cases — meaningful information regarding the logic involved, as well as the scope and intended effects of such processing on the data subject. Furthermore, the data subject has the right to obtain information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject is also entitled to receive information about the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, they may contact our Data Protection Officer or another employee of the controller at any time.
• c) Right to Rectification Every data subject affected by the processing of personal data has the right, granted by European legislation (directives and regulations), to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data—including by means of a supplementary statement—taking into account the purposes of the processing. If a data subject wishes to exercise this right to rectification, they may contact our Data Protection Officer or another employee of the data controller at any time.
• d) Right to erasure (right to be forgotten) Every data subject affected by the processing of personal data has the right, granted by European legislation, to request that the controller erase personal data concerning them without delay, provided that one of the following grounds applies and insofar as the processing is not necessary: • The personal data was collected or otherwise processed for purposes for which it is no longer necessary. • The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing. • The data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. • The personal data was processed unlawfully. • The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject. • The personal data was collected in connection with information society services offered in accordance with Article 8(1) of the GDPR. If any of the above grounds apply and a data subject wishes to request the erasure of personal data stored by AlpRent.ch, they may contact our Data Protection Officer or another employee of the controller at any time. The Data Protection Officer of AlpRent.ch or another employee will ensure that the erasure request is complied with without delay. If the personal data has been made public by AlpRent.ch and our company, as the data controller pursuant to Article 17(1) of the GDPR, is obligated to erase the personal data, AlpRent.ch will take appropriate measures—taking into account available technology and implementation costs— including technical measures, to inform other data controllers processing the published personal data that the data subject has requested these other data controllers to delete all links to such personal data or copies or replicas of such personal data, provided that the processing is not necessary. The data protection officer of AlpRent. or another employee will take the necessary steps on a case-by-case basis.
• e) Right to Restriction of Processing Every data subject affected by the processing of personal data has the right, granted by European legislation (directives and regulations), to request that the controller restrict processing if one of the following conditions is met: • The data subject disputes the accuracy of the personal data, for a period enabling the data controller to verify the accuracy of the personal data. • The processing is unlawful, the data subject opposes the erasure of the personal data, and instead requests 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 to assert, exercise, or defend legal claims. • The data subject has objected to the processing pursuant to Art. 21(1) of the GDPR, and it has not yet been determined whether the controller’s legitimate grounds override those of the data subject. If any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by AlpRent.ch, they may contact our Data Protection Officer or another employee of the data controller at any time. The Data Protection Officer of AlpRent.ch or another employee will arrange for the restriction of processing.
• f) Right to Data Portability Every data subject affected by the processing of personal data has the right, granted by European directives and regulations, to receive the personal data concerning them—which the data subject has provided to a controller—in a structured, commonly used, and machine-readable format. The data subject also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, when exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, provided this is technically feasible and does not infringe upon the rights and freedoms of others. To exercise the right to data portability, the data subject may contact the data protection officer appointed by AlpRent.ch or another employee at any time.
• g) Right to Object Any data subject affected by the processing of personal data has the right, granted by European legislation (directives and regulations), to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them that is carried out pursuant to Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions. In the event of an objection, AlpRent.ch will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing is necessary for the establishment, exercise, or defense of legal claims. If AlpRent.ch processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to AlpRent.ch regarding processing for direct marketing purposes, AlpRent.ch will no longer process the personal data for these purposes. In addition, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her that is carried out by AlpRent.ch for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. To exercise the right to object, the data subject may contact the Data Protection Officer at AlpRent.ch or another employee directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures that use technical specifications.
• h) Automated decisions in individual cases, including profiling Every data subject affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning the data subject or similarly significantly affects the data subject, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject, and such law provides appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, or (3) is based on the data subject’s explicit consent. If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, AlpRent.ch shall take appropriate measures to safeguard the data subject’s rights and freedoms as well as their legitimate interests, including, at a minimum, the right to have a person intervene on their behalf, to express their point of view, and to contest the decision. If the data subject wishes to exercise rights relating to automated decisions, they may contact our data protection officer or another employee of the data controller at any time.
• i) Right to Withdraw Consent under Data Protection Law Every data subject affected by the processing of personal data has the right, granted by European legislation (directives and regulations), to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise their right to withdraw consent, they may contact our Data Protection Officer or another employee of the data controller at any time.
9. Privacy Policy Regarding the Use of Facebook
The data controller has integrated components from Facebook into this website. Facebook is a social network. A social network is a social gathering place operated on the Internet—an online community that generally allows users to communicate with one another and interact in a virtual space. A social network can serve as a platform for exchanging opinions and experiences or enable the online community to share personal or business-related information. Among other things, Facebook allows users of the social network to create personal profiles, upload photos, and connect with others through friend requests. Facebook is operated by Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject resides outside the United States or Canada, the controller responsible for the processing of personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Each time a user visits one of the individual pages of this website—which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated—the user’s web browser on their computer system is automatically prompted by the respective Facebook component to download a representation of that Facebook component from Facebook. A complete overview of all Facebook plug-ins is available at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook learns which specific subpage of our website the data subject is visiting. If the data subject is logged into Facebook at the same time, Facebook recognizes which specific subpage of our website the data subject is visiting each time the data subject accesses our website and throughout the entire duration of their visit to our website. This information is collected by the Facebook component and assigned by Facebook to the data subject’s respective Facebook account. If the data subject clicks on one of the Facebook —such as the “Like” button—or if the data subject posts a comment, Facebook associates this information with the data subject’s personal Facebook user account and stores this personal data. Facebook receives information via the Facebook component that the data subject has visited our website whenever the data subject is logged into Facebook at the same time they access our website; this occurs regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not wish for this information to be transmitted to Facebook, they can prevent the transmission by logging out of their Facebook account before visiting our website. Facebook’s Privacy Policy, available at https://de-de.facebook.com/about/privacy/, provides information about Facebook’s collection, processing, and use of personal data. It also explains the settings options Facebook offers to protect the data subject’s privacy. In addition, various applications are available that allow users to prevent data from being transmitted to Facebook. The data subject may use such applications to prevent data from being transmitted to Facebook.
10. Privacy Policy Regarding the Use of Google Analytics (with Anonymization Function)
The data controller has integrated the Google Analytics component (with anonymization function) into this website. Google Analytics is a web analytics service. Web analytics refers to the collection, gathering, and analysis of data regarding the behavior of website visitors. Among other things, a web analytics service collects data on which website a data subject came from to access a website (known as a “referrer”), which subpages of the website were accessed, and how often and for how long a subpage was viewed. Web analytics is primarily used to optimize a website and to conduct a cost-benefit analysis of online advertising. The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. The data controller uses the "_gat._anonymizeIp" extension for web analytics via Google Analytics. This parameter causes Google to truncate and anonymize the IP address of the data subject’s internet connection when accessing our website from a member state of the European Union or from another signatory state to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze visitor traffic on our website. Google uses the data and information collected, among other things, to evaluate the use of our website, to compile online reports for us that illustrate activity on our website, and to provide other services related to the use of our website. Google Analytics places a cookie on the data subject’s computer system. What cookies are has already been explained above. Setting the cookie enables Google to analyze the use of our website. Each time a user accesses one of the individual pages of this website—which is operated by the data controller and on which a Google Analytics component has been integrated—the web browser on the data subject’s computer system is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains personal data, such as the data subject’s IP address, which Google uses, among other things, to track the origin of visitors and clicks and, consequently, to facilitate commission settlements. The cookie is used to store personal information, such as the time of access, the location from which access originated, and the frequency of the data subject’s visits to our website. Each time our website is visited, this personal data—including the IP address of the internet connection used by the data subject—is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may, under certain circumstances, disclose this personal data—collected through technical means—to third parties. As described above, the data subject may prevent our website from setting cookies at any time by adjusting the settings of the web browser being used, thereby permanently objecting to the setting of cookies. Such a setting in the web browser would also prevent Google from setting a cookie on the data subject’s computer system. In addition, a cookie already set by Google Analytics can be deleted at any time via the web browser or other software programs. Furthermore, the data subject has the option to object to and prevent the collection of data generated by Google Analytics relating to the use of this website, as well as the processing of such data by Google. To do so, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on uses JavaScript to inform Google Analytics that no data or information regarding website visits may be transmitted to Google Analytics. Google considers the installation of the browser add-on to constitute an objection. If the data subject’s computer system is later deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is , it is possible to reinstall or reactivate the browser add-on. Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link: https://www.google.com/intl/de_de/analytics/.
11. Privacy Policy Regarding the Use of the St. Moritz Tourism Destination CRM
AlpRent.ch is authorized to forward the guest’s personal data to St. Moritz Tourism. This personal data is centrally stored and retained by St. Moritz Tourism (and/or by data processors acting on behalf of St. Moritz Tourism). In this context, it is possible that information and/or newsletters may be sent directly to the guest by St. Moritz Tourism and/or by AlpRent.ch. It is also possible that such information may be sent on behalf of AlpRent.ch but technically generated by St. Moritz Tourism (and/or a data processor acting on behalf of St. Moritz Tourism). This information consists in particular of so-called “pre-stay” and “post-stay” emails."
12. Legal Basis for Processing
Article 6(1)(a) of the GDPR serves as the legal basis for our company’s processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party—as is the case, for example, with processing operations required for the delivery of goods or the provision of other services or consideration—then the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of inquiries regarding our products or services. If our company is subject to a legal obligation that requires the processing of personal data—such as to fulfill tax obligations—the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and, as a result, their name, age, health insurance information, or other vital information had to be disclosed to a doctor, a hospital, or other third parties. In such cases, the processing would be based on Article 6(1)(d) of the GDPR. Finally, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases when the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and fundamental freedoms of the data subject do not take precedence. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 of the GDPR).
13. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
14. Period for which personal data will be stored
The criterion for the period of storage of personal data is the applicable statutory retention period. Once this period has expired, the relevant data is routinely deleted, provided it is no longer necessary for the performance or initiation of a contract.
15. Legal or contractual requirements regarding the provision of personal data; necessity for the conclusion of a contract; Obligation of the data subject to provide personal data; possible consequences of failure to provide such data
We hereby inform you that the provision of personal data is in some cases required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contracting party). In some cases, the conclusion of a contract may require that a data subject provide us with personal data, which we must subsequently process. For example, the data subject is obligated to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact our Data Protection Officer. Our Data Protection Officer will inform the data subject, on a case-by-case basis, whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
PRIVACY POLICYPursuant to Article 13 of the Swiss Federal Constitution and the federal data protection provisions (Data Protection Act, DSG), every person has the right to privacy and to protection against the misuse of their personal data. We comply with these provisions. Personal data is treated with the strictest confidentiality and is neither sold nor disclosed to third parties. In close cooperation with our hosting providers, we strive to protect our databases as effectively as possible against unauthorized access, loss, misuse, or falsification. When you access our websites, the following data is stored in log files: IP address, date, time, browser request, and general information transmitted regarding the operating system or browser. This usage data forms the basis for statistical, anonymous analyses that enable us to identify trends, which we then use to improve our offerings accordingly.
1. Definitions
The AlpRent.ch Privacy Policy is based on the terminology used by European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance. In this Privacy Policy, we use the following terms, among others:
• a) Personal Data: Personal data refers to any information relating to an identified or identifiable natural person (hereinafter “data subject”) . A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier, or one or more specific characteristics that reflect the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
• b) Data subject A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
• c) Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
• d) Restriction of processing Restriction of processing means marking stored personal data with the aim of limiting its future processing.
• e) Profiling is any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
• f) Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures that ensure the personal data is not attributed to an identified or identifiable natural person.
• g) “Controller” means the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.
• h) A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
• i) A recipient is a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, regardless of whether that entity is a third party or not. However, public authorities that may receive personal data in the context of a specific investigative mandate under Union law or the law of the Member States are not considered recipients.
• j) A third party is a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
• k) Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes, expressed in the form of a statement or by a clear affirmative action, by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
2. Name and Address of the Data Controller
The data controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:
AlpRent GmbH – Vacation Rentals (alprent.ch), Alexander Schmidt Via Serlas 9 7500 St. Moritz Switzerland Phone: +41 79 419 30 11 Email: booking@alprent.ch Website: www.alprent.ch
3. Cookies The AlpRent.ch website uses cookies.
Cookies are text files that are placed and stored on a computer system via a web browser. Numerous websites and servers use cookies. Many cookies contain what is known as a cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to associate the cookie with the specific web browser in which it was stored. This enables the visited websites and servers to distinguish the data subject’s individual browser from other web browsers that contain different cookies. A specific web browser can be recognized and identified via the unique cookie ID. By using cookies, AlpRent.ch can provide users of this website with more user-friendly services that would not be possible without setting cookies. Cookies allow us to optimize the information and offerings on our website to better suit the user’s needs. As mentioned above, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website that uses cookies does not have to re-enter their login credentials every time they visit the website, because this information is handled by the website and the cookie stored on the user’s computer system. Another example is the shopping cart cookie in an online store. The online store uses a cookie to remember the items a customer has placed in the virtual shopping cart. The data subject can prevent our website from setting cookies at any time by adjusting the settings of the web browser being used, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via a web browser or other software programs. This is possible in all common web browsers. If the data subject disables the setting of cookies in the web browser they are using, not all functions of our website may be fully usable under certain circumstances.
4. Collection of General Data and Information
The AlpRent.ch website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (known as the referrer), (4) the subpages on our website accessed via an accessing system, (5) the date and time of access to the website, (6) an Internet Protocol (IP) address, (7) the Internet service provider of the accessing system, and (8) other similar data and information used to prevent threats in the event of attacks on our information technology systems. AlpRent.ch does not use this general data and information to draw conclusions about the data subject. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as advertising for it, (3) ensure the ongoing functionality of our information technology systems and the technology of our website, and (4) provide law enforcement agencies with the information necessary for criminal prosecution in the event of a cyberattack. AlpRent.ch therefore evaluates this anonymously collected data and information both statistically and with the aim of enhancing data protection and data security within our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from any personal data provided by a data subject.
5. Subscription to Our Newsletter
On the AlpRent.ch website, users are given the opportunity to subscribe to our company’s newsletter. The personal data transmitted to the data controller when subscribing to the newsletter is determined by the input form used for this purpose. AlpRent.ch informs its customers and business partners at regular intervals via a newsletter about the company’s offers. In general, a data subject can only receive our company’s newsletter if (1) the data subject has a valid email address and (2) the data subject registers to receive the newsletter. For legal reasons, a confirmation email is sent via the double opt-in procedure to the email address provided by a data subject when first registering for the newsletter. This confirmation email serves to verify whether the owner of the email address, as the data subject, has authorized receipt of the newsletter. When a data subject subscribes to the newsletter, we also store the IP address assigned by the Internet service provider (ISP) to the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary to be able to trace any (potential) misuse of a data subject’s email address at a later date and therefore serves to provide legal protection for the data controller. The personal data collected in connection with a newsletter subscription is used exclusively for sending our newsletter. Furthermore, newsletter subscribers may be notified by email if this is necessary for the operation of the newsletter service or for related registration purposes, such as in the event of changes to the newsletter content or alterations to the technical conditions. Personal data collected as part of the newsletter service is not disclosed to third parties. The data subject may cancel their subscription to our newsletter at any time. Consent to the storage of personal data, which the data subject has granted to us for the purpose of sending the newsletter, may be revoked at any time. A link for revoking consent is included in every newsletter. Furthermore, you may unsubscribe from the newsletter at any time directly on the data controller’s website or notify the data controller of your wish to unsubscribe by other means.
6. Newsletter Tracking
The AlpRent.ch newsletters contain so-called web beacons. A web beacon is a miniature graphic embedded in emails sent in HTML format to enable log file recording and analysis. This allows for a statistical evaluation of the success or failure of online marketing campaigns. Using the embedded web beacon, AlpRent.ch can determine whether and when an email was opened by a data subject and which links contained in the email were clicked by the data subject. Such personal data collected via the tracking pixels contained in the newsletters is stored and analyzed by the data controller to optimize newsletter distribution and to better tailor the content of future newsletters to the data subject’s interests. This personal data is not disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent provided via the double-opt-in procedure. Upon revocation, this personal data will be deleted by the data controller. AlpRent.ch automatically interprets unsubscribing from the newsletter as a revocation.
7. Routine Deletion and Blocking of Personal Data
The data controller processes and stores the data subject’s personal data only for the period necessary to achieve the purpose of storage or to the extent provided for by the European legislative bodies or another legislative authority in laws or regulations to which the data controller is subject. If the purpose of storage no longer applies or if a retention period prescribed by the European legislative and regulatory authorities or another competent legislative authority expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.
8. Rights of the data subject
• a) Right to Confirmation Every data subject has the right, granted by the European legislative authorities, to request confirmation from the data controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact our data protection officer or another employee of the data controller at any time.
• b) Right of access Any data subject affected by the processing of personal data has the right, granted by European legislation, to obtain from the controller, free of charge, information regarding the personal data stored about them and a copy of such information at any time. Furthermore, the European legislative and regulatory authorities have granted the data subject the right to receive the following information:• the purposes of the processing • the categories of personal data being processed • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations • if possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine that duration • the existence of a right to rectification or erasure of the personal data concerning them, or to restriction of processing by the controller, or a right to object to such processing • the existence of a right to lodge a complaint with a supervisory authority • if the personal data are not collected from the data subject: all available information regarding the origin of the data • the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and—at least in these cases — meaningful information about the logic involved, as well as the scope and intended consequences of such processing for the data subject. Furthermore, the data subject has the right to obtain information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject is also entitled to receive information about the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, they may contact our Data Protection Officer or another employee of the controller at any time.
• c) Right to Rectification Every data subject affected by the processing of personal data has the right, granted by European legislative bodies, to request the prompt rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data—including by means of a supplementary statement—taking into account the purposes of the processing. If a data subject wishes to exercise this right to rectification, they may contact our Data Protection Officer or another employee of the data controller at any time.
• d) Right to erasure (right to be forgotten) Every data subject affected by the processing of personal data has the right, granted by European legislation, to request that the controller erase personal data concerning them without delay, provided that one of the following grounds applies and insofar as the processing is not necessary: • The personal data were collected or otherwise processed for purposes for which they are no longer necessary. • The data subject withdraws their consent on which the processing was based pursuant to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR, and there is no other legal basis for the processing. • The data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. • The personal data was processed unlawfully. • The erasure of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject. • The personal data was collected in connection with information society services offered pursuant to Article 8(1) of the GDPR. If any of the above reasons apply and a data subject wishes to request the erasure of personal data stored by AlpRent.ch, they may contact our Data Protection Officer or another employee of the controller at any time. The Data Protection Officer of AlpRent.ch or another employee will ensure that the erasure request is complied with without delay. If the personal data has been made public by AlpRent.ch and our company, as the controller, is obligated under Article 17(1) of the GDPR to erase the personal data, AlpRent.ch will take appropriate measures, taking into account the available technology and the costs of implementation, including technical measures, to notify other data controllers processing the published personal data that the data subject has requested these other data controllers to delete all links to such personal data or copies or replicas of such personal data, provided that the processing is not necessary. The data protection officer of AlpRent.ch or another employee will take the necessary steps on a case-by-case basis.
• e) Right to Restriction of Processing Every data subject affected by the processing of personal data has the right, granted by European directives and regulations, to request that the controller restrict processing if one of the following conditions is met: • The data subject disputes the accuracy of the personal data, 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 instead requests the restriction of the use of the personal data. • The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs it to assert, exercise, or defend legal claims. • The data subject has objected to the processing pursuant to Art. 21(1) of the GDPR, and it has not yet been determined whether the controller’s legitimate grounds override those of the data subject. If any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by AlpRent.ch, they may contact our Data Protection Officer or another employee of the data controller at any time. The Data Protection Officer of AlpRent.ch or another employee will arrange for the restriction of processing.
• f) Right to Data Portability Every data subject affected by the processing of personal data has the right, as granted by European legislation (directives and regulations), to receive the personal data concerning them—which the data subject has provided to a data controller—in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, when exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, provided that this is technically feasible and does not infringe upon the rights and freedoms of others. To exercise the right to data portability, the data subject may contact the data protection officer appointed by AlpRent.ch or another employee at any time.
• g) Right to Object Any data subject affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them that is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions. In the event of an objection, AlpRent.ch will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing is necessary for the establishment, exercise, or defense of legal claims. If AlpRent.ch processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to AlpRent.ch regarding processing for direct marketing purposes, AlpRent.ch will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her that is carried out by AlpRent.ch for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. To exercise the right to object, the data subject may contact the Data Protection Officer at AlpRent.ch or another employee directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures that use technical specifications.
• h) Automated decisions in individual cases, including profiling Every data subject affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning the data subject or similarly significantly affects the data subject, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject, and such law provides for appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, or (3) is based on the data subject’s explicit consent. If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, AlpRent.ch shall take appropriate measures to safeguard the data subject’s rights and freedoms as well as their legitimate interests, including at a minimum the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision. If the data subject wishes to exercise rights relating to automated decisions, they may contact our Data Protection Officer or another employee of the controller at any time.
• i) Right to Withdraw Consent under Data Protection Law Every data subject affected by the processing of personal data has the right, granted by European legislation (directives and regulations), to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise their right to withdraw consent, they may contact our Data Protection Officer or another employee of the data controller at any time.
9. Privacy Policy Regarding the Use of Facebook
The data controller has integrated components of the company Facebook into this website. Facebook is a social network. A social network is a social gathering place operated on the Internet—an online community that generally enables users to communicate with one another and interact in a virtual space. A social network can serve as a platform for exchanging opinions and experiences or enable the online community to share personal or business-related information. Among other things, Facebook allows users of the social network to create personal profiles, upload photos, and connect with others through friend requests. Facebook is operated by Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject resides outside the United States or Canada, the controller responsible for the processing of personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Each time a user visits a page on this website—which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated—the user’s web browser on their IT system is automatically prompted by the respective Facebook component to download a representation of that Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook learns which specific subpage of our website the data subject is visiting. If the data subject is logged into Facebook at the same time, Facebook recognizes which specific subpage of our website the data subject is visiting each time the data subject accesses our website and throughout the entire duration of their visit to our website. This information is collected by the Facebook component and assigned by Facebook to the data subject’s respective Facebook account. If the data subject clicks one of the Facebook buttons integrated into our website—such as the “Like” button—or posts a comment, Facebook associates this information with the data subject’s personal Facebook user account and stores this personal data. Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged into Facebook at the same time as accessing our website; this occurs regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not wish for this information to be transmitted to Facebook, they can prevent the transmission by logging out of their Facebook account before visiting our website. Facebook’s Privacy Policy, available at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing, and use of personal data by Facebook. It also explains the settings options Facebook offers to protect the data subject’s privacy. In addition, various applications are available that allow users to prevent the transmission of data to Facebook. The data subject may use such applications to prevent data from being transmitted to Facebook.
10. Privacy Policy Regarding the Use of Google Analytics (with Anonymization Feature)
The data controller has integrated the Google Analytics component (with anonymization feature) into this website. Google Analytics is a web analytics service. Web analytics refers to the collection, gathering, and analysis of data regarding the behavior of website visitors. Among other things, a web analytics service records data on which website a data subject came from to reach a website (known as a “referrer”), which subpages of the website were accessed, and how often and for how long a subpage was viewed. Web analytics is primarily used to optimize a website and to conduct a cost-benefit analysis of online advertising. The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. The data controller uses the suffix “_gat._anonymizeIp” for web analytics via Google Analytics. This suffix causes Google to truncate and anonymize the IP address of the data subject’s Internet connection when our website is accessed from a member state of the European Union or from another signatory state to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze visitor traffic on our website. Google uses the data and information collected, among other things, to evaluate the use of our website, to compile online reports for us that illustrate activity on our website, and to provide other services related to the use of our website. Google Analytics places a cookie on the data subject’s computer system. What cookies are has already been explained above. By placing the cookie, Google is enabled to analyze the use of our website. Each time a user visits one of the individual pages of this website—which is operated by the data controller and on which a Google Analytics component has been integrated—the web browser on the data subject’s computer system is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains personal data, such as the data subject’s IP address, which Google uses, among other things, to track the origin of visitors and clicks and, consequently, to facilitate commission settlements. The cookie is used to store personal information, such as the time of access, the location from which access originated, and the frequency of the data subject’s visits to our website. Each time our website is visited, this personal data—including the IP address of the internet connection used by the data subject—is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may, under certain circumstances, disclose this personal data collected through the technical process to third parties. As described above, the data subject may prevent our website from setting cookies at any time by adjusting the settings of the web browser being used, thereby permanently objecting to the setting of cookies. Such a setting in the web browser would also prevent Google from setting a cookie on the data subject’s computer system. In addition, a cookie already set by Google Analytics can be deleted at any time via the web browser or other software programs. Furthermore, the data subject has the option to object to the collection of data generated by Google Analytics relating to the use of this website, as well as to the processing of this data by Google, and to prevent such collection and processing. To do so, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on uses JavaScript to inform Google Analytics that no data or information regarding website visits may be transmitted to Google Analytics. Google considers the installation of the browser add-on to constitute an objection. If the data subject’s computer system is subsequently deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their control, it is possible to reinstall or reactivate the browser add-on. Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link: https://www.google.com/intl/de_de/analytics/.
11. Privacy Policy Regarding the Use of the St. Moritz Tourism Destination CRM
AlpRent.ch is authorized to forward the guest’s personal data to St. Moritz Tourism. This personal data is centrally stored and retained by St. Moritz Tourism (and/or by data processors acting on behalf of St. Moritz Tourism). In this context, it is possible that information and/or newsletters may be sent directly to the guest by St. Moritz Tourism and/or by AlpRent.ch. It is also possible that such information is sent on behalf of AlpRent.ch but is technically generated by St. Moritz Tourism (and/or a data processor acting on behalf of St. Moritz Tourism). This information consists, in particular, of so-called “pre-stay” and “post-stay” emails."
12. Legal Basis for Processing
Article 6(1)(a) of the GDPR serves as the legal basis for our company’s processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party—as is the case, for example, with processing operations required for the delivery of goods or the provision of other services or consideration—then the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of inquiries regarding our products or services. If our company is subject to a legal obligation that requires the processing of personal data—such as to fulfill tax obligations—the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and, as a result, their name, age, health insurance information, or other vital information had to be disclosed to a doctor, a hospital, or other third parties. In such cases, the processing would be based on Article 6(1)(d) of the GDPR. Finally, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases when the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and fundamental freedoms of the data subject do not take precedence. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 of the GDPR).
13. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business operations for the benefit of all our employees and shareholders.
14. Period for which personal data will be stored
The criterion for the duration of storage of personal data is the applicable statutory retention period. Once this period has expired, the relevant data is routinely deleted, provided it is no longer necessary for the performance or initiation of a contract.
15. Legal or contractual requirements regarding the provision of personal data; necessity for the conclusion of a contract; Obligation of the data subject to provide personal data; possible consequences of failure to provide such data
We hereby inform you that the provision of personal data is in some cases required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information regarding the contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must then process. For example, the data subject is obligated to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact our Data Protection Officer. Our Data Protection Officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract, or is necessary for the conclusion of the contract; whether there is an obligation to provide the personal data; and what consequences failure to provide the personal data would entail.
Disclaimer:
The provider assumes no liability whatsoever regarding the correctness, accuracy, timeliness, reliability, or completeness of the information. Claims for damages against the author arising from material or immaterial harm resulting from access to, use of, or failure to use the published information, misuse of the connection, or technical malfunctions are excluded. All offers are non-binding. The provider expressly reserves the right to modify, supplement, or delete parts of the pages or the entire website, or to suspend publication temporarily or permanently, without prior notice.
Liability for Links:
References and links to third-party websites fall outside our area of responsibility. We disclaim any responsibility for such websites. Access to and use of such websites are at the user’s own risk.
Copyrights:
The copyrights and all other rights to content, images, photos, or other files on the website belong exclusively to the provider or the specifically named rights holders. Prior written consent from the copyright holders must be obtained for the reproduction of any elements.
