Privacy Statement

Privacy Policy

With this Privacy Policy, we inform about the personal data we process in connection with our activities and operations including our crestapalace.ch-website. We specifically inform about the purposes, methods, and locations of how we process personal data. We also inform about the rights of individuals whose data we process.

For individual or additional activities and operations, further privacy policies as well as other legal documents such as General Terms and Conditions (GTC), Terms of Use, or Participation Terms may apply.

We are subject to Swiss data protection law and any applicable foreign data protection law, in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

 

1. Contact Addresses

Responsible for the processing of personal data:

 

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

welcome@crestapalace.ch

In individual cases, there may be other responsible parties for the processing of personal data or joint responsibility with at least one other responsible party.

 

1.1 Data Protection Officer or Data Protection Advisor

We have appointed the following Data Protection Officer or Data Protection Advisor as a contact point for affected individuals and authorities for inquiries related to data protection:

 

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

office@crestapalace.ch

 

1.2 Data Protection Representation in the European Economic Area (EEA)

We have the following data protection representation according to Art. 27 GDPR:

 

VGS Datenschutz­partner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany

welcome@crestapalace.ch

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

 

2. Terms and Legal Bases

2.1 Terms

Personal data are all information related to an identified or identifiable natural person. An affected person is a person about whom we process personal data.

Processing includes any handling of personal data, regardless of the means and procedures used, such as querying, comparing, adjusting, archiving, storing, reading, disclosing, obtaining, collecting, raising, deleting, revealing, ordering, organizing, preserving, modifying, distributing, linking, destroying, and using personal data.

The European Economic Area (EEA) includes the Member States of the European Union (EU) as well as the Principality of Liechtenstein, Iceland, and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as processing of personal data.

 

2.2 Legal Bases

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

We process - if and as far as the General Data Protection Regulation (GDPR) is applicable - personal data according to at least one of the following legal bases:

  • Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data for the performance of a contract with the affected person as well as for the execution of pre-contractual measures.
  • Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data to protect the legitimate interests of us or third parties, provided that the fundamental freedoms and fundamental rights as well as interests of the affected person do not prevail. Legitimate interests include our interest in carrying out our activities and operations in a sustainable, user-friendly, secure, and reliable manner, ensuring information security, protection against misuse, enforcement of our own legal claims, and compliance with Swiss law.
  • Art. 6 para. 1 lit. c GDPR for the necessary processing of personal data to fulfill a legal obligation to which we are subject according to any applicable law of member states in the European Economic Area (EEA).
  • Art. 6 para. 1 lit. e GDPR for the necessary processing of personal data to perform a task carried out in the public interest.
  • Art. 6 para. 1 lit. a GDPR for the processing of personal data with the consent of the affected person.
  • Art. 6 para. 1 lit. d GDPR for the necessary processing of personal data to protect the vital interests of the affected person or another natural person.

 

3. Type, Scope, and Purpose

We process those personal data that are necessary to carry out our activities and operations in a sustainable, user-friendly, secure, and reliable manner. Such personal data can fall into categories such as inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data, and contractual and payment data.

We process personal data for the duration required for the respective purpose or purposes or as legally required. Personal data whose processing is no longer necessary are anonymized or deleted.

We may have personal data processed by third parties. We may process personal data together with third parties or transmit them to third parties. Such third parties are in particular specialized providers whose services we use. We also ensure data protection with such third parties.

We generally process personal data only with the consent of the affected persons. If and insofar as the processing is permissible for other legal reasons, we can refrain from obtaining consent. We may process personal data without consent, for example, to fulfill a contract, to comply with legal obligations, or to protect overriding interests.

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

 

4. Communication

We process personal data to be able to communicate with third parties. In this context, we particularly process data transmitted by an affected person when making contact, for example via postal mail or email. We can store such data in an address book or with similar tools.

Third parties transmitting data about other persons are obligated to ensure data protection towards such affected individuals. This includes, among other things, ensuring the accuracy of the transmitted personal data.

We use selected services from suitable providers to improve communication with third parties.

 

5. Data Security

We implement appropriate technical and organizational measures to ensure data security appropriate to the respective risk. With our measures, we especially ensure the confidentiality, availability, traceability, and integrity of the processed personal data, though absolute data security cannot be guaranteed.

Access to our website and other online presences is secured through transport encryption (SSL / TLS, especially with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers mark transport encryption with a small padlock in the address bar.

Our digital communication is – like basically any digital communication – subject to mass surveillance without cause or suspicion by security authorities in Switzerland, the rest of Europe, the United States of America (USA), and other countries. We cannot directly influence the corresponding processing of personal data by intelligence services, police stations, and other security authorities. We also cannot exclude the possibility that individual affected persons are targeted for surveillance.

 

6. Personal Data Abroad

We principally process personal data in Switzerland and the European Economic Area (EEA). However, we can also export or transmit personal data to other states, in particular, to process or have them processed there.

We can export personal data to all states and territories on Earth as well as elsewhere in the universe, provided the local law ensures adequate data protection according to the decision of the Swiss Federal Council and – if and as far as the General Data Protection Regulation (GDPR) is applicable – according to the decision of the European Commission.

We can transmit personal data to states whose law does not ensure adequate data protection, provided data protection is guaranteed for other reasons, especially based on standard data protection clauses or with other appropriate guarantees. Exceptionally, we can export personal data to states without adequate or appropriate data protection if the special data protection requirements are met, for example, the explicit consent of the affected persons or a direct connection with the conclusion or processing of a contract. We are happy to provide affected individuals with information about any guarantees upon request or deliver a copy of any guarantees.

 

7. Rights of Affected Persons

7.1 Data Protection Claims

We grant affected individuals all claims according to applicable data protection law. Affected individuals, in particular, have the following rights:

  • Access: Affected individuals can request information on whether we process personal data about them, and if so, what personal data. Furthermore, affected individuals receive the necessary information to assert their data protection claims and ensure transparency. This includes the processed personal data themselves, but also information on the purpose of processing, the duration of storage, any disclosure or export of data to other states, and the origin of the personal data.
  • Correction and Restriction: Affected individuals can correct inaccurate personal data, complete incomplete data, and restrict the processing of their data.
  • Deletion and Objection: Affected individuals can have personal data deleted ("right to be forgotten") and object to the processing of their data with effect for the future.
  • Data Release and Data Transfer: Affected individuals can request the release of personal data or the transfer of their data to another controller.

We may delay, restrict, or deny the exercise of rights of affected individuals within the legally permissible framework. We may inform affected individuals about any conditions that must be met to exercise their data protection claims. For example, we may partially or wholly refuse to provide information with reference to trade secrets or the protection of other persons. Similarly, we may also partially or wholly refuse the deletion of personal data with reference to statutory retention obligations.

We may exceptionally foresee costs for the exercise of rights. We inform affected individuals in advance about any possible costs.

We are obligated to identify affected individuals who request information or assert other rights with appropriate measures. Affected individuals are required to cooperate.

 

7.2 Legal Protection

Affected individuals have the right to enforce their data protection claims through legal proceedings or to file a complaint with a competent data protection supervisory authority.

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

European data protection supervisory authorities for complaints from affected individuals – as far as the General Data Protection Regulation (GDPR) is applicable – are organized as members of the European Data Protection Board (EDPB). In some member states in the European Economic Area (EEA), the data protection supervisory authorities are federally structured, particularly in Germany.

 

8. Use of the Website

8.1 Cookies

We may use cookies. Cookies – both our own cookies (First-Party Cookies) and cookies from third parties whose services we utilize (Third-Party Cookies) – are data stored in the browser. Such stored data do not need to be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as "Session Cookies" or for a specific period as so-called permanent cookies. "Session Cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage duration. Cookies, in particular, allow a browser to be recognized on the next visit to our website and thereby measure, for example, the reach of our website. However, permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated and deleted in the browser settings at any time. Without cookies, our website may not be fully available. We request – at least to the extent necessary – explicit consent for the use of cookies.

For cookies used for success and reach measurement or for advertising, a general objection ("Opt-out") is possible for numerous services via the AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

 

8.2 Logging

We may log at least the following information for every access to our website and other online presences, provided such information is transmitted to our digital infrastructure during such accesses: date and time including time zone, IP address, access status (HTTP status code), operating system including user interface and version, browser including language and version, accessed individual sub-page of our website including transferred data volume, last website called up in the same browser window (referrer or referrer).

We log such information, which can also constitute personal data, in log files. This information is necessary to be able to provide our online presence in a sustainable, user-friendly, and reliable manner. The information is also necessary to ensure data security – also by third parties or with the help of third parties.

 

8.3 Tracking Pixels

We may integrate tracking pixels into our online presence. Tracking pixels are also known as web beacons. Tracking pixels – also from third parties whose services we utilize – are usually small, invisible images or scripts formulated in JavaScript that are automatically retrieved when accessing our online presence. Tracking pixels can capture at least the same information as logged in log files.

 

9. Notifications and Communications

We send notifications and communications via email and through other communication channels such as instant messaging or SMS.

 

9.1 Success and Reach Measurement

Notifications and communications may contain web links or tracking pixels that capture whether an individual message was opened and which web links were clicked. Such web links and tracking pixels can also capture the use of notifications and communications on a personal basis. We require this statistical capture of use for success and reach measurement, to be able to send notifications and communications effectively and user-friendly based on the needs and reading habits of the recipients.

 

9.2 Consent and Objection

You must generally consent to the use of your email address and your other contact addresses, unless the use is permitted for other legal reasons. For possibly obtaining double-confirmed consent, we can use the "Double Opt-in" procedure. In this case, you will receive a notification with instructions for double confirmation. We may log obtained consents including IP address and timestamp for proof and security reasons.

You can generally object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical capture of use for success and reach measurement. Mandatory notifications and communications related to our activities and operations are reserved.

 

9.3 Service Providers for Notifications and Communications

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

 

10. Social Media

We are present on social media platforms and other online platforms to communicate with interested individuals and to inform about our activities and operations. In connection with such platforms, personal data may also be processed outside of Switzerland and the European Economic Area (EEA).

The general terms and conditions (GTC) and terms of use, as well as privacy policies and other provisions of the individual operators of such platforms, also apply. These provisions provide information in particular about the rights of affected individuals directly against the respective platform, which includes, for example, the right to information.

For our social media presence on Facebook including so-called Page Insights, we are – as far as the General Data Protection Regulation (GDPR) is applicable – jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). The Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to be able to provide our social media presence on Facebook effectively and user-friendly.

Further information on the type, scope, and purpose of data processing, information on the rights of affected individuals, and the contact details of Facebook as well as Facebook's data protection officer can be found in the Facebook Privacy Policy. We have concluded the so-called "Controller Addendum" with Facebook, and thereby agreed in particular that Facebook is responsible for ensuring the rights of affected individuals. For the so-called Page Insights, the corresponding information can be found on the page "Information about Page Insights" including "Information about Page Insights Data".

 

11. Third-Party Services

We use services from specialized third parties to be able to carry out our activities and operations sustainably, user-friendly, securely, and reliably. With such services, we can embed functions and content into our website. For such an embedding, the used services technically capture the IP addresses of the users temporarily for necessary reasons.

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

We specifically use:

 

11.1 Digital Infrastructure

We use services from specialized third parties to access the necessary digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

We specifically use:

 

11.2 Automation and Integration of Apps and Services

We use specialized platforms to integrate and connect existing apps and services from third parties. We can also automate workflows and activities with third-party apps and services using such "No-Code" platforms.

We specifically use:

 

11.3 Audio and Video Conferences

We use specialized services for audio and video conferences to communicate online. For example, we can hold virtual meetings or conduct online classes and webinars. Participation in audio and video conferences is also subject to the legal texts of the individual services such as privacy policies and terms of use.

We recommend, depending on the situation, to mute the microphone by default during participation in audio or video conferences and to blur the background or use a virtual background.

We specifically use:

 

11.4 Online Collaboration

We use third-party services to enable online collaboration. In addition to this privacy policy, the directly apparent conditions of the used services such as terms of use or privacy policies also apply.

We specifically use:

 

11.5 Social Media Functions and Social Media Content

We use services and plugins from third parties to embed functions and content from social media platforms and to enable sharing of content on social media platforms and other ways.

We specifically use:

 

11.6 Mapping Materials

We utilize services from third parties to be able to embed maps into our website.

We specifically use:

 

11.7 Digital Audio and Video Content

We use services from specialized third parties to enable the direct playback of digital audio and video content such as music or podcasts.

We specifically use:

 

11.8 E-Commerce

We operate e-commerce and utilize services from third parties to successfully offer services, content, or goods.

 

11.9 Payments

We use specialized service providers to securely and reliably process payments from our customers. Additional legal texts of the individual service providers such as General Terms and Conditions (GTC) or Privacy Policies apply to the processing of payments.

We specifically use:

 

11.10 Advertising

We utilize the option to display targeted advertising on third-party platforms such as social media platforms and search engines for our activities and operations.

We aim to reach individuals who are already interested in our activities and operations or who could potentially be interested through such advertising (Remarketing and Targeting). For this purpose, we may transmit corresponding – possibly also personal – information to third parties that enable such advertising. We can also determine whether our advertising is successful, namely whether it leads to visits to our website (Conversion Tracking).

Third parties, where we advertise and where you as a user are registered, may possibly associate the use of our website with your profile there.

We specifically use:

 

12. Success and Reach Measurement

We attempt to determine how our online offer is used. In this context, we can, for example, measure the success and reach of our activities and operations as well as the impact of third-party links on our website. We can also experiment and compare how different parts or versions of our online offer are used («A/B testing» method). Based on the results of success and reach measurement, we can particularly fix errors, reinforce popular content, or make improvements to our online offer.

For success and reach measurement, the IP addresses of individual users are mostly stored. In this case, IP addresses are generally shortened («IP masking») to follow the principle of data minimization through the corresponding pseudonymization.

In success and reach measurement, cookies can be used, and user profiles created. Possible user profiles may include, for example, the visited individual pages or viewed contents on our website, information on the size of the screen or browser window, and the – at least approximate – location. Generally, any user profiles are created exclusively pseudonymized and not used for identifying individual users. Individual services of third parties, where users are registered, may possibly assign the use of our online offer to the user account or profile with the respective service.

We specifically use:

  • Google Analytics: Success and reach measurement; Provider: Google; Specific information about Google Analytics: Measurement across various browsers and devices (Cross-Device Tracking) as well as with pseudonymized IP addresses, which are only exceptionally transmitted in full to Google in the USA, "Privacy""Browser Add-on to disable Google Analytics".
  • Google Tag Manager: Integration and management of other services for success and reach measurement as well as additional services from Google and third parties; Provider: Google; Specific information about Google Tag Manager: "Data collected by Google Tag Manager"; further privacy information can be found in the individual integrated and managed services.

 

13. Video Surveillance

We use video surveillance for crime prevention and as evidence in criminal cases as well as to exercise our house rights. This constitutes – as far as the General Data Protection Regulation (GDPR) is applicable – legitimate interests according to Art. 6 Para. 1 lit. f GDPR.

We store recordings from our video surveillance as long as they are necessary for evidence purposes.

We may secure recordings due to legal obligations, to assert our legal claims, and in case of suspicion of criminal activities, and transmit them to competent authorities such as courts or law enforcement agencies.

 

14. Final Provisions

We created this privacy policy with the Data Protection Generator from Datenschutzpartner. The present privacy policy is an unofficial translation from the original German version.

We may adapt and supplement this privacy policy at any time. We will inform about such adaptations and supplements in a suitable manner, especially by publishing the current privacy policy on our website.