Privacy Policy
With this Privacy Policy, we provide information about the processing of personal data in connection with our activities and business operations, including our website under the domain name marina-walensee.ch. In particular, we inform which personal data we process for which purpose, in which manner, and in which location. We also inform about the rights of persons whose data we process.
We have drafted this Privacy Policy in German. If published in another language, the German-language Privacy Policy remains authoritative.
For individual or additional activities and business operations, we may publish further privacy policies or other data protection information.
We are subject to Swiss law as well as any applicable foreign law, such as in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR).
By decision of 26 July 2000, the European Commission recognized that Swiss data protection law provides an adequate level of data protection. By report of 15 January 2024, the European Commission confirmed this adequacy decision.
Table of Contents
- 1. Contact addresses
- 2. Terms and legal bases
- 3. Type, scope and purpose of the processing of personal data
- 4. Disclosure of personal data
- 5. Communication
- 6. Applications
- 7. Data security
- 8. Personal data abroad
- 9. Rights of data subjects
- 10. Use of the website
- 11. Notifications and messages
- 12. Social media
- 13. Third-party services
- 14. Performance and reach measurement
- 15. Concluding notes on the Privacy Policy
1. Contact addresses
Responsible within the meaning of data protection law is:
Marina Walensee AG
Gostenstrasse 20
8882 Unterterzen
reservation@marina-walensee.ch
In individual cases, third parties may be responsible for the processing of personal data, or there may be joint responsibility with third parties. Upon request, we are happy to provide data subjects with information about the respective responsibility.
1.1 Data protection officer or data protection advisor
We have the following data protection officer or data protection advisor as a point of contact for data subjects and authorities regarding inquiries related to data protection:
Duri Maissen
Marina Walensee AG
Gostenstrasse 20
8882 Unterterzen
1.2 Data protection representative in the European Economic Area (EEA)
We have the following data protection representative pursuant to Art. 27 GDPR:
VGS Datenschutzpartner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany
The data protection representative serves data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) as an additional point of contact for inquiries related to the GDPR.
2. Terms and legal bases
2.1 Terms
Data subject: A natural person about whom we process personal data.
Personal data: All information relating to an identified or identifiable natural person.
Sensitive personal data: Data on trade union, political, religious or philosophical views and activities, data on health, the sphere of intimacy or affiliation with an ethnicity or race, genetic data, biometric data that uniquely identifies a natural person, data on criminal or administrative sanctions or proceedings, and data on social assistance measures.
Processing: Any handling of personal data, regardless of the means and procedures used, such as, for example, querying, comparing, adapting, archiving, storing, retrieving, disclosing, obtaining, recording, collecting, deleting, disclosing, organizing, storing, altering, disseminating, linking, destroying and using personal data.
European Economic Area (EEA): member states of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway.
2.2 Legal bases
We process personal data in accordance with Swiss law, in particular the Federal Act on Data Protection (Data Protection Act, FADP) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).
Insofar and to the extent that the European General Data Protection Regulation (GDPR) is applicable, we process personal data on the basis of at least one of the following legal bases:
- Art. 6(1)(b) GDPR for the necessary processing of personal data for the performance of a contract with the data subject as well as for carrying out pre-contractual measures.
- Art. 6(1)(f) GDPR for the necessary processing of personal data to safeguard legitimate interests — including the legitimate interests of third parties — provided the fundamental freedoms and rights and interests of the data subject do not prevail. Such interests include, in particular, the ongoing, user-friendly, safe and reliable conduct of our activities and business operations, ensuring information security, protection against misuse, the enforcement of our own legal claims, and compliance with Swiss law.
- Art. 6(1)(c) GDPR for the necessary processing of personal data for compliance with a legal obligation to which we are subject under any applicable law of member states in the European Economic Area (EEA).
- Art. 6(1)(e) GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
- Art. 6(1)(a) GDPR for the processing of personal data with the consent of the data subject.
- Art. 6(1)(d) GDPR for the necessary processing of personal data to protect the vital interests of the data subject or of another natural person.
- Art. 9(2) et seq. GDPR for the processing of special categories of personal data, in particular with the consent of the data subjects.
The European General Data Protection Regulation (GDPR) refers to the processing of personal data as processing of personal data and the processing of sensitive personal data as processing of special categories of personal data (Art. 9 GDPR).
3. Type, scope and purpose of the processing of personal data
We process the personal data that is necessary to conduct our activities and business operations in an ongoing, user-friendly, safe and reliable manner. The personal data processed may fall in particular into the categories of browser and device data, content data, communication data, metadata, usage data, master data including inventory and contact data, location data, transaction data, contract data and payment data. The personal data may also constitute sensitive personal data.
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 business operations, insofar as such processing is permissible.
We process personal data, insofar as necessary, with the consent of the data subjects. In many cases we may process personal data without consent, for example to fulfill legal obligations or to safeguard overriding interests. We may also ask data subjects for their consent even where their consent is not required.
We process personal data for the duration required for the respective purpose. We anonymize or delete personal data in particular depending on statutory retention and limitation periods.
4. Disclosure of personal data
We may disclose personal data to third parties, have it processed by third parties, or process it jointly with third parties. Such third parties may include, for example, specialized providers whose services we use. Such third parties may, in turn, disclose personal data to further third parties.
In the course of our activities and business operations, we may disclose personal data in particular to banks and other financial service providers, authorities, educational and research institutions, consultants and lawyers, accounting and fiduciary service providers, debt collection companies, interest groups, IT service providers, cooperation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, parent, sister and subsidiary companies, organizations and associations, social institutions, telecommunications companies, insurance companies and payment service providers.
5. Communication
We process personal data in order to be able to communicate with individuals as well as with authorities, organizations and companies. In doing so, we process in particular data that a data subject transmits to us when making contact, for example by mail or e-mail. We may store such data in an address book or comparable tool.
Third parties who transmit data about other persons to us are legally obligated to independently ensure the data protection of those data subjects. In particular, they must guarantee that they are permitted to transmit such data, and also ensure the accuracy of the data transmitted.
We use selected services from suitable providers to enable and improve communication with individuals and other communication partners. With such services we may also manage and otherwise process the data of data subjects beyond direct communication, for example in connection with orders, services, projects and resource planning.
In particular, we use:
- Mews: property management system (PMS) for hotels and other accommodations; provider: Mews Systems B.V. (Netherlands); data protection information: Privacy Policy, “Data Privacy”.
6. Applications
We process personal data about applicants insofar as it is necessary to assess suitability for an employment relationship or for the later performance of an employment contract. The necessary personal data results in particular from the information requested, for example as part of a job posting. We may publish job postings with the help of suitable third parties, for example in electronic and print media or on job portals and job platforms.
We further process personal data that applicants voluntarily disclose or publish, in particular as part of cover letters, résumés and other application documents, as well as part of online profiles.
Insofar and to the extent that the General Data Protection Regulation (GDPR) is applicable, we process personal data about applicants in particular pursuant to Art. 9(2)(b) GDPR.
7. Data security
We take appropriate technical and organizational measures to ensure a level of data security appropriate to the respective risk. With our measures we ensure in particular the confidentiality, availability, traceability and integrity of the personal data processed, without however being able to guarantee absolute data security.
Access to our website and our other digital presence takes place by means of transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers warn before visiting a website without transport encryption.
Our digital communication is subject — as is basically all digital communication — to mass surveillance without cause or suspicion by security authorities in Switzerland, in the rest of Europe, in the United States of America (USA) and in other countries. We have no direct influence on the corresponding processing of personal data by intelligence services, police authorities and other security authorities. Nor can we rule out that a data subject is being specifically monitored.
8. Personal data abroad
We generally process personal data in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it there or have it processed there.
We may export personal data to all countries on Earth and elsewhere in the universe, provided that the law there ensures an adequate level of data protection pursuant to a decision of the Swiss Federal Council and — insofar and to the extent that the General Data Protection Regulation (GDPR) is applicable — also pursuant to a decision of the European Commission.
We may transfer personal data to countries whose law does not ensure an adequate level of data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or other appropriate safeguards. As an exception, we may export personal data to countries without adequate or appropriate data protection if the special data protection requirements for doing so are met, for example the explicit consent of the data subjects or a direct connection with the conclusion or performance of a contract. Upon request, we are happy to provide data subjects with information about any safeguards or to provide a copy of any safeguards.
9. Rights of data subjects
9.1 Data protection claims
We grant data subjects all claims under applicable law. In particular, data subjects have the following rights:
- Right to information: Data subjects may request information as to whether we process personal data about them, and if so, which personal data is concerned. Data subjects also receive the information necessary to assert their data protection claims and to ensure transparency. This includes the personal data processed as such, but also, among other things, information on the purpose of processing, the duration of retention, any disclosure or export of data to other countries, and the origin of the personal data.
- Rectification and restriction: Data subjects may have inaccurate personal data corrected, incomplete data completed, and have the processing of their data restricted.
- Right to state their own position and to human review: With regard to decisions based solely on automated processing of personal data that produce a legal effect for them or significantly affect them (automated individual decisions), data subjects may state their own position and demand review by a human being.
- Erasure and objection: Data subjects may have personal data deleted (“right to be forgotten”) and object to the processing of their data with effect for the future.
- Data disclosure and data portability: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.
We may postpone, restrict or refuse the exercise of the rights of data subjects to the extent legally permissible. We may inform data subjects of any requirements that must be met in order to exercise their data protection claims. For example, we may wholly or partially refuse to provide information with reference to confidentiality obligations, overriding interests or the protection of other persons. We may, for example, also wholly or partially refuse the erasure of personal data, in particular with reference to statutory retention obligations.
We may exceptionally charge costs for the exercise of rights. We will inform data subjects in advance of any such costs.
We are obliged to identify, using appropriate measures, data subjects who request information or assert other rights. Data subjects are obliged to cooperate.
9.2 Legal remedies
Data subjects have the right to enforce their data protection claims through legal action or to file a report or complaint with a data protection supervisory authority.
The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
European data protection supervisory authorities are organized as members of the European Data Protection Board (EDPB). In some member states of the European Economic Area (EEA), the data protection supervisory authorities are organized on a federal basis, in particular in Germany.
10. Use of the website
10.1 Cookies
We may use cookies. Cookies — both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) — are data stored in the browser. Such stored data need not be limited to traditional text-based cookies.
Cookies may be stored temporarily in the browser as “session cookies” or for a specific period as so-called persistent cookies. “Session cookies” are automatically deleted when the browser is closed. Persistent cookies have a specific storage period. Cookies allow, in particular, a browser to be recognized on the next visit to our website, thereby, for example, allowing us to measure the reach of our website. However, persistent cookies may also be used, for example, for online marketing.
Cookies can be fully or partially disabled, restricted or deleted in the browser settings at any time. Browser settings often also allow automated deletion and other management of cookies. Without cookies, our website may no longer be available to its full extent. We actively request — at least insofar and to the extent required under applicable law — explicit consent to the use of cookies.
For cookies used for performance and reach measurement or for advertising, a general opt-out is possible for numerous services via 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).
10.2 Logging
For each access to our website and our other digital presence, we may log at least the following information, insofar as it is standardly determined or transmitted to our digital infrastructure during such access: 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, individual subpage of our website accessed including the amount of data transferred, website last visited in the same browser window (referer or referrer).
We log such information, which may also constitute personal data, in log files. This information is necessary in order to be able to provide our digital presence on an ongoing, user-friendly and reliable basis. The information is also necessary in order to ensure data security — including through or with the help of third parties.
10.3 Tracking pixels
We may embed tracking pixels in our digital presence. Tracking pixels are also referred to as web beacons. Tracking pixels — including from third parties whose services we use — are usually small, invisible images or scripts written in JavaScript that are automatically retrieved when our digital presence is accessed. Tracking pixels can be used to collect at least the same information as logging in log files.
11. Notifications and messages
11.1 Performance and reach measurement
Notifications and messages may contain web links or tracking pixels that record whether an individual message was opened and which web links were clicked. Such web links and tracking pixels may also record the use of notifications and messages on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to send notifications and messages effectively and in a user-friendly manner, based on the needs and reading habits of recipients, as well as on an ongoing, safe and reliable basis.
11.2 Consent and objection
You must generally consent to the use of your e-mail address and your other contact addresses, unless such use is permitted for other legal reasons. To obtain double-confirmed consent, if applicable, we may use the “double opt-in” procedure. In this case, you will receive a message with instructions for double confirmation. We may log consents obtained, including IP address and timestamp, for evidentiary and security reasons.
You may generally object at any time to receiving notifications and messages such as newsletters. With such an objection, you may at the same time object to the statistical recording of usage for performance and reach measurement. Excluded from this are necessary notifications and messages related to our activities and business operations.
11.3 Service providers for notifications and messages
We send notifications and messages with the help of specialized service providers.
12. Social media
We maintain a presence on social media platforms and other online platforms in order to communicate with interested persons and to inform them about our activities and business operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).
The general terms and conditions and terms of use, as well as the privacy policies and other provisions of the respective operators of such platforms, also apply in each case. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, which include, for example, the right to information.
For our social media presence on Facebook, including the so-called page insights, we are — insofar and to the extent that the General Data Protection Regulation (GDPR) is applicable — jointly responsible together with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page insights provide information about how visitors interact with our Facebook presence. We use page insights in order to be able to provide our social media presence on Facebook effectively and in a user-friendly manner.
Further information on the type, scope and purpose of the data processing, information on the rights of data subjects, as well as the contact details of Facebook and Facebook’s data protection officer, can be found in Facebook’s Privacy Policy. We have entered into the so-called “Controller Addendum” with Facebook, thereby agreeing in particular that Facebook is responsible for ensuring the rights of data subjects. 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”.
13. Third-party services
We use services from specialized third parties in order to be able to conduct our activities and business operations on an ongoing, user-friendly, safe and reliable basis. With such services, we can, among other things, embed functions and content in our website. When such content is embedded, the services used record, for technically necessary reasons, at least temporarily, the IP addresses of users.
For necessary security-related, statistical and technical purposes, third parties whose services we use may process data related to our activities and business operations in aggregated, anonymized or pseudonymized form. This includes, for example, performance or usage data needed to provide the respective service.
In particular, we use:
- Google services: Providers: Google LLC (USA) / Google Ireland Limited (Ireland) partly for users in the European Economic Area (EEA) and in Switzerland; general information on data protection: “Privacy practices”, Privacy Policy, “How Google uses personal data”, “Google is committed to complying with applicable data protection laws”, “Privacy guide for Google products”, “How we use data from websites or apps that use our services”, Cookie Policy, “Ads you control” (personalized advertising settings).
13.1 Digital infrastructure
We use services from specialized third parties in order to be able to make use of digital infrastructure required in connection with our activities and business operations. This includes, for example, hosting and storage services from selected providers.
In particular, we use:
- Cyon: hosting; provider: cyon AG (Switzerland); data protection information: “Data protection”, Privacy Policy.
- WordPress.com: blog hosting and website builder; providers: Automattic Inc. (USA) / Aut O’Mattic A8C Ireland Ltd. (Ireland) for users, among others, in Europe; data protection information: Privacy Policy, Cookie Policy.
13.2 Maps
We use third-party services to be able to embed maps in our website.
In particular, we use:
- Google Maps including Google Maps Platform: map service; provider: Google; Google Maps-specific information: “How Google uses location information”.
13.3 Digital content
We use services from specialized third parties in order to be able to embed digital content in our website. Digital content includes, in particular, image and video material, music and podcasts.
In particular, we use:
- YouTube: video platform; provider: Google; YouTube-specific information: “Privacy and safety center”, “My data in YouTube”.
13.4 Fonts
We use third-party services in order to be able to embed selected fonts as well as icons, logos and symbols in our website.
In particular, we use:
- MyFonts (by Monotype): fonts; providers: Monotype Imaging Holdings Inc. (USA) / MyFonts Inc. (USA); data protection information: “Your Privacy”, Privacy Policy, “Web Font Tracking Privacy Policy”.
13.5 E-commerce
We operate e-commerce and use third-party services in order to be able to successfully offer services, content or goods.
13.6 Payments
We use specialized service providers in order to be able to process payments safely and reliably. In addition, the legal terms of the individual service providers apply to the processing of payments, for example general terms and conditions or privacy policies.
In particular, we use:
- PostFinance: processing of payments; provider: PostFinance AG (Switzerland); data protection information: “Legal notices and accessibility”, “Data protection” (including privacy policies).
- TWINT: processing of payments in Switzerland; provider: TWINT AG (Switzerland); data protection information: Privacy Policy, “Security according to Swiss standards”.
- Worldline: processing of payments, in particular with mobile payment solutions; providers: Worldline SA (France), Worldline Schweiz AG (Switzerland) and other Worldline companies worldwide (including in the USA); data protection information: Privacy Policy, “Responsible data handling program”, Cookie Policy.
13.7 Advertising
We make use of the option to display targeted advertising with third parties such as social media platforms and search engines for our activities and business operations.
With such advertising, we aim in particular to reach persons who are already interested, or may be interested, in our activities and business operations (remarketing and targeting). For this purpose, we may transmit corresponding information — possibly also personal data — to third parties that enable such advertising. We can also determine whether our advertising is successful, that is, in particular, whether it leads to visits to our website (conversion tracking).
Third parties with whom we advertise and with whom you are logged in as a user may be able to associate the use of our website with your profile there.
In particular, we use:
- Google Ads: search engine advertising; provider: Google; Google Ads-specific information: advertising based, among other things, on search queries, whereby various domain names — in particular doubleclick.net, googleadservices.com and googlesyndication.com — are used for Google Ads, Privacy Policy for advertising, “Manage the ads you see directly via ads”.
- Meta ads: social media advertising on Facebook and Instagram; providers: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); data protection information: targeting, including retargeting, in particular with Meta Pixel and with Custom Audiences including Lookalike Audiences, Privacy Policy, “Ad preferences” (login as a user required).
14. Performance and reach measurement
We attempt to measure the success and reach of our activities and business operations. In this context, we may also measure the effect of third-party references or examine how different parts or versions of our digital presence are used (“A/B testing” method). Based on the results of performance and reach measurement, we can, in particular, fix errors, strengthen popular content or make improvements.
For performance and reach measurement, the IP addresses of individual users are recorded in most cases. In this case, IP addresses are generally shortened (“IP masking”) in order to follow the principle of data minimization through the corresponding pseudonymization.
Cookies may be used in performance and reach measurement, and user profiles may be created. Any user profiles created include, for example, the individual pages visited or content viewed on our digital presence, information on the size of the screen or browser window, and the — at least approximate — location. As a rule, any user profiles are created exclusively in pseudonymized form and are not used to identify individual users. Individual third-party services with which users are logged in may be able to associate the use of our online offering with the user account or user profile of the respective service.
In particular, we use:
- Google Marketing Platform: performance and reach measurement, in particular with Google Analytics; provider: Google; Google Marketing Platform-specific information: measurement also across different browsers and devices (cross-device tracking) with pseudonymized IP addresses that are only exceptionally transmitted in full to Google in the USA, Privacy Policy for Google Analytics, “Browser add-on for disabling Google Analytics”.
- Google Tag Manager: integration and management of Google and third-party services, in particular for performance and reach measurement; provider: Google; Google Tag Manager-specific information: Privacy Policy for Google Tag Manager; further data protection information can be found with the individual services integrated and managed.
15. Concluding notes on the Privacy Policy
We have created this Privacy Policy with the Privacy Policy Generator of Datenschutzpartner .
The present privacy policy is an unofficial translation from the original German version.
We may update this Privacy Policy at any time. We inform about updates by publishing the respective current Privacy Policy on our website.