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Privacy Policy

With this Privacy Policy, we inform you about the personal data we process in connection with our activities and operations, including our marina-walensee.ch website. We provide information about what personal data we process, why, how, and where we process it. We also inform you about the rights of individuals whose data we process.

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

We are subject to Swiss data protection law as well as any applicable foreign data protection law, especially 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

Responsibility for the processing of personal data:

Marina Walensee AG
Gostenstrasse 20
8882 Unterterzen

reservation@marina-walensee.ch

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

1.1 Data Protection Officers

We have the following data protection officer or data protection advisor as a contact point for data subjects and authorities in matters related to data protection:

Duri Maissen
Marina Walensee AG
Gostenstrasse 20
8882 Unterterzen

gastgeber@marina-walensee.ch

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

We have the following data protection representative as per Art. 27 GDPR:

VGS Datenschutz­partner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany

reservation@marina-walensee.ch

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

2.1 Terms

Personal data refers to any information that relates to a specific or identifiable natural person. An affected person is a person whose personal data we process.

Processing includes any handling of personal data, regardless of the means and methods used, such as querying, comparing, adapting, archiving, retaining, extracting, disclosing, obtaining, recording, collecting, deleting, disclosing, organizing, storing, altering, 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 the processing of personal data.

We process personal data in accordance with Swiss data protection law, especially the Federal Data Protection Act (Datenschutzgesetz, DSG) and the Data Protection Ordinance (Datenschutzverordnung, DSV).

If and to the extent that the General Data Protection Regulation (GDPR) is applicable, we process personal data based on at least one of the following legal bases:

  • Art. 6(1)(b) GDPR for the necessary processing of personal data to fulfill a contract with the data subject and for pre-contractual measures.
  • Art. 6(1)(f) GDPR for the necessary processing of personal data to protect our legitimate interests or those of third parties, unless the fundamental rights and freedoms and interests of the data subject prevail. Legitimate interests include, in particular, our interest in conducting our activities and operations permanently, user-friendly, safely, and reliably, as well as communicating about them, ensuring information security, protection against misuse, enforcement of our legal claims, and compliance with Swiss law.
  • Art. 6(1)(c) GDPR for the necessary processing of personal data to fulfill a legal obligation to which we are subject under the laws of Member States of the European Economic Area (EEA).
  • Art. 6(1)(e) GDPR for the necessary processing of personal data in 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 vital interests of the data subject or another natural person.

3. Type, Scope, and Purpose

We process those personal data that are necessary to carry out our activities and operations permanently, user-friendly, safely, and reliably. Such personal data may include, in particular, categories of master and contact data, browser and device data, content data, meta- or marginal data and usage data, location data, sales data, as well as contract and payment data.

We process personal data for the duration necessary for the respective purpose(s) or as required by law. Personal data that is no longer necessary will be anonymized or deleted.

We may have personal data processed by third parties. We may jointly process personal data with third parties or transmit them to third parties. Such third parties are primarily specialized service 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 data subjects. If and to the extent that processing is permissible for other legal reasons, we may waive obtaining consent. For example, we may process personal data without consent to fulfill a contract, comply with legal obligations, or protect overriding interests.

We also process personal data obtained from third parties, from publicly accessible sources, or collected in the course of our activities and operations, if and to the extent that such processing is permitted by law.

4. Communication

We process personal data to communicate with third parties. In this context, we process data that a data subject provides when contacting us, for example, by postal mail or email. We may store such data in an address book or similar tools.

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

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

5. Data Security

We implement suitable technical and organizational measures to ensure data security appropriate to the respective risk. With our measures, we ensure, in particular, the confidentiality, availability, traceability, and integrity of the processed personal data, but we cannot guarantee absolute data security.

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

Our digital communication is 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, as is the case with digital communication in general. We cannot exert direct influence on the processing of personal data by intelligence agencies, law enforcement agencies, and other security authorities. We also cannot rule out that specific data subjects are monitored.

6. Personal Data Abroad

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we may export or transmit personal data to other states, especially to process them there.

We may export personal data to all countries and territories on Earth and elsewhere in the Universe, provided that local law according to a decision of the Swiss Federal Council ensures adequate data protection and, if applicable, according to a decision of the European Commission, ensures adequate data protection in accordance with the General Data Protection Regulation (GDPR).

We may transmit personal data to states whose law does not ensure adequate data protection, provided that data protection is ensured for other reasons, especially based on standard data protection clauses or other suitable safeguards. Exceptionally, we may export personal data to states without adequate or suitable data protection if the special data protection requirements are met, such as the explicit consent of the data subjects or a direct connection with the conclusion or performance of a contract. Upon request, we provide data subjects with information about any safeguards or provide a copy of any safeguards.

7. Rights of Data Subjects

7.1 Data Protection Claims

We grant data subjects all claims under applicable data protection law. Data subjects have, in particular, the following rights:

  • Information: Data subjects can request information about whether we process personal data about them and, if so, what personal data it is. Data subjects also receive the information necessary to assert their data protection claims and to ensure transparency. This includes the processed personal data as such, but also, among other things, information about the purpose of processing, the duration of storage, any disclosure or transfer of data to other countries, and the origin of the personal data.
  • Correction and Restriction: Data subjects can have incorrect personal data corrected, incomplete data completed, and the processing of their data restricted.
  • Deletion and Objection: Data subjects can 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 Transfer: Data subjects can request the disclosure of personal data or the transfer of their data to another controller.

We may postpone, limit, or refuse the exercise of data subjects’ rights within the legally permissible framework. We may inform data subjects of any prerequisites that must be met for the exercise of their data protection claims. For example, we may refuse information with reference to business secrets or the protection of other individuals, in whole or in part. For example, we may also refuse the deletion of personal data with reference to statutory retention obligations, in whole or in part.

We may exceptionally charge costs for the exercise of rights. We will inform data subjects in advance of any costs.

We are obliged to identify data subjects who request information or exercise other rights with appropriate measures. Data subjects are obliged to cooperate.

Data subjects have the right to enforce their data protection claims in court or to lodge a complaint with a competent data protection supervisory authority.

The data protection supervisory authority for complaints by data subjects against private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter, EDÖB).

European data protection supervisory authorities for complaints by data subjects, if and to the extent that the General Data Protection Regulation (GDPR) is applicable, are organized as members of the European Data Protection Board (EDPB). In some member states of the European Economic Area (EEA), data protection supervisory authorities are structured federally, especially in Germany.

8. Use of the Website

8.1 Cookies

We may use cookies. With cookies – both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – data is stored in the browser. Such stored data does not have to be limited to traditional text-based cookies.

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 thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing.

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

For cookies used for success and reach measurement or 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 the following information for each access to our website and our other online presence, provided that such information is 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, accessed individual subpage of our website including transmitted data volume, last website accessed in the same browser window (referer or referrer).

We log such information, which can also constitute personal data, in log files. The information is necessary to provide our online presence permanently, user-friendly, and reliably. The information is also necessary to ensure data security – even through third parties or with the assistance of third parties.

8.3 Pixel Tracking

We may incorporate pixel tracking into our online presence. Pixel tracking is also known as web beacons. Pixel tracking – including by third parties whose services we use – usually consists of small, invisible images or JavaScript-formulated scripts that are automatically retrieved when accessing our online presence. Pixel tracking can capture at least the same information as in log files.

9. Notifications and Messages

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

9.1 Success and Reach Measurement

Notifications and messages may contain web links or pixels that capture whether an individual message has been opened and which web links were clicked. Such web links and pixels can also capture the use of notifications and messages on a personal basis. We require this statistical capture of usage for success and reach measurement in order to effectively and user-friendly send notifications and messages based on the needs and reading habits of recipients, as well as to provide them permanently, securely, and reliably.

You must generally consent to the use of your email address and other contact addresses, unless the use is permissible for other legal reasons. We may use the “Double Opt-in” procedure to obtain a double-confirmed consent if necessary. In this case, you will receive a message with instructions for double confirmation. We may log obtained consents, including IP address and timestamp, for evidential and security purposes.

You can generally object to receiving notifications and messages such as newsletters at any time. Such objection also allows you to object to the statistical capture of usage for success and reach measurement. Mandatory notifications and messages related to our activities and operations are reserved.

9.3 Service Providers for Notifications and Messages

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

10. Social Media

We have a presence on social media platforms and other online platforms to communicate with interested individuals and provide information 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 terms and conditions (T&Cs) and usage terms, as well as privacy policies and other provisions of the individual operators of such platforms, apply in each case. These provisions provide information, in particular, about the rights of data subjects directly vis-à-vis the respective platform, including the right to access.

For our Social Media presence on Facebook, including the so-called Page Insights, we are – if and to the extent the General Data Protection Regulation (GDPR) applies – jointly responsible 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 to effectively and user-friendly provide our Facebook presence.

Further information about the nature, scope, and purpose of data processing, information about the rights of data subjects, as well as contact details for Facebook and the data protection officer of Facebook can be found in the Facebook Privacy Policy. We have concluded the so-called “Controller Addendum” with Facebook, and in particular, have agreed that Facebook is responsible for ensuring the rights of data subjects. Information about Page Insights can be found on the “Information about Page Insights” page, including “Information about Page Insights Data”.

11. Third-Party Services

We use services from specialized third parties to exercise our activities and operations permanently, user-friendly, securely, and reliably. With such services, we can embed functions and content into our website. When embedding such services, the services used may, for technical reasons, temporarily capture the IP addresses of the users.

For security-relevant, statistical, and technical purposes, third parties whose services we use may process data related to our activities and operations in an aggregated, anonymized, or pseudonymized form. This includes, for example, performance or usage data to provide the respective service.

We use, in particular:

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 hosting and storage services from selected providers.

We use, in particular:

11.2 Map Material

We use services from third parties to embed maps into our website.

We use, in particular:

11.3 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 use, in particular:

11.4 Fonts

We use services from third parties to embed selected fonts, as well as icons, logos, and symbols, into our website.

We use, in particular:

11.5 Payments

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

We use, in particular:

11.6 Advertising

We use the opportunity to display targeted advertising with third parties, such as social media platforms and search engines, for our activities and operations.

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

Third parties with whom we advertise and with whom you, as a user, are logged in, may potentially associate the use of our website with your profile on their platform.

We use, in particular:

12. Success and Reach Measurement

We strive to determine how our online offering is used. In this context, we can measure the success and reach of our activities and operations, as well as the impact of third-party links to our website. We may also experiment and compare how different parts or versions of our online offering are used (A/B test method). IP addresses of individual users are usually stored in most cases for success and reach measurement. In this case, IP addresses are generally truncated (“IP masking”) to follow the principle of data minimization through pseudonymization.

Success and reach measurement may use cookies and create user profiles. Any created user profiles may include, for example, visited individual pages or viewed content on our website, information about screen size or browser window size, and – at least approximately – location. In principle, any user profiles are created exclusively in pseudonymized form and are not used for identifying individual users. Some third-party services, where users are logged in, may potentially associate the use of our online offering with the user’s account or profile with that service.

We use, in particular:

  • Google Analytics: Success and reach measurement; Provider: Google; Google Analytics-specific information: Measurement across different browsers and devices (Cross-Device Tracking) and with pseudonymized IP addresses, which are exceptionally transmitted in full to Google in the USA, “Privacy”, “Google Analytics Opt-Out Browser Add-on”.
  • Google Tag Manager: Integration and management of other services for success and reach measurement, as well as other services from Google and third parties; Provider: Google; Google Tag Manager-specific information: “Data Collected with Google Tag Manager”; additional privacy information can be found with the individual services integrated and managed.

13. Video Surveillance

We use video surveillance for the prevention of crimes, the securing of evidence in criminal cases, and for enforcing our house rules. This is – to the extent and as long as the General Data Protection Regulation (GDPR) is applicable – based on predominant legitimate interests according to Art. 6(1)(f) GDPR.

We generally do not store recordings from our video surveillance. We may exceptionally store recordings if storage is necessary for the securing of evidence within a limited period.

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

14. Final Provisions

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

We may adjust and supplement this Privacy Policy at any time. We will inform about such adjustments and supplements in an appropriate form, especially by publishing the current Privacy Policy on our website.

Impressum / Datenschutz | AGB
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