Data Privacy Policy

Privacy Policy
With this Privacy Policy, we inform you about the processing of personal data in connection with our activities and operations, including our aparthotel-davos.ch website. We specifically inform you about the purpose, methods, and location of personal data processing. We also inform you about the rights of individuals whose data we process.

Additional privacy policies or other data protection information may apply to specific or additional activities and operations.

We are subject to Swiss data protection law, as well as any applicable foreign data protection laws, particularly those of the European Union (EU) with the European General Data Protection Regulation (GDPR).

On July 26, 2000, the European Commission recognized that Swiss data protection law ensures adequate data protection. On January 15, 2024, the European Commission confirmed this adequacy decision.

1. Contact Addresses
Responsible for the processing of personal data:

Muchetta Immo-Invest AG
Aussergasse 18
7494 Davos Wiesen
Switzerland

In specific cases, third parties may be responsible for processing personal data, or there may be joint responsibility with third parties.

1.1 Data Protection Officers or Advisors
We have the following data protection officer or advisor as a point of contact for affected individuals and authorities regarding data protection inquiries:

Sylvia Bärtschi
Muchetta Immo-Invest AG
Aussergasse 18
7494 Davos Wiesen
Switzerland

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

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

2. Terms and Legal Basis
2.1 Terms
Affected Person: A natural person whose personal data we process.

Personal Data: All information relating to an identified or identifiable natural person.

Special Categories of Personal Data: Data concerning trade union, political, religious, or ideological views and activities, data on health, private life, or ethnic or racial origin, genetic data, biometric data that uniquely identify a natural person, data on criminal and administrative sanctions or prosecutions, and data on social assistance measures.

Processing: Any handling of personal data, regardless of the means and procedures used, such as querying, matching, adjusting, archiving, storing, reading, disclosing, acquiring, recording, collecting, deleting, disclosing, arranging, organizing, storing, modifying, 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.

Note: The European General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data and the processing of special categories of personal data as the processing of special categories of personal data (Art. 9 GDPR).

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

We process – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – personal data or personal data in accordance with at least one of the following legal bases:

Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data to fulfill a contract with the affected person and to carry out pre-contractual measures.
Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data to protect legitimate interests – including the legitimate interests of third parties – provided that the fundamental rights and freedoms and interests of the affected person do not outweigh them. Such interests include, in particular, the permanent, humane, safe, and reliable conduct of our activities and operations, ensuring information security, protecting against misuse, enforcing legal claims, and complying 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 under the applicable law of the 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 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.
Art. 9 para. 2 ff. GDPR for the processing of special categories of personal data, particularly with the consent of the affected persons.
3. Nature, Scope, and Purpose of Processing Personal Data
We process the personal data that are necessary to permanently, humanely, safely, and reliably conduct our activities and operations. The personal data processed may fall 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.

We also process personal data that we receive from third parties, obtain from publicly accessible sources, or collect during the exercise of our activities and operations, to the extent such processing is legally permissible.

We process personal data, as necessary, with the consent of the affected persons. In many cases, we may process personal data without consent, for example, to fulfill legal obligations or to protect overriding interests. We may also ask affected persons for their consent even when it is not required.

We process personal data for the duration necessary for the respective purpose. We anonymize or delete personal data, particularly depending on legal 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 are, in particular, specialized service providers whose services we use.

We may disclose personal data, for example, to banks and other financial service providers, authorities, educational and research institutions, consultants and lawyers, interest groups, IT service providers, cooperation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, organizations and associations, social institutions, telecommunications companies, and insurance companies.

5. Communication
We process personal data to communicate with third parties. In this context, we process, in particular, the data that an affected person transmits when contacting us, for example, by postal mail or email. We may store such data in an address book or similar tools.

Third parties who transmit data about other persons are obliged to ensure data protection for such affected persons. This includes ensuring the accuracy of the transmitted personal data.

We use selected services from suitable providers to communicate better with third parties.

6. Data Security
We take appropriate technical and organizational measures to ensure data security commensurate with the respective risk. With our measures, we ensure, in particular, the confidentiality, availability, traceability, and integrity of the processed personal data, but cannot guarantee absolute data security.

Access to our website and other online presence is secured using transport encryption (SSL / TLS, particularly with Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers warn against visiting websites without transport encryption.

Our digital communication is subject to fundamentally all digital communication – 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 have no direct influence on the corresponding processing of personal data by intelligence services, police agencies, and other security authorities. We cannot exclude the possibility that an affected person is specifically monitored.

7. Personal Data Abroad
We generally process personal data in Switzerland and the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, particularly to process it there or have it processed.

We may export personal data to all countries and territories on Earth, provided that the local law ensures adequate data protection according to the decision of the Swiss Federal Council and – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – also according to the decision of the European Commission ensures adequate data protection.

We may transfer personal data to countries whose laws do not ensure adequate data protection, provided that data protection is guaranteed for other reasons, particularly based on standard data protection clauses or other appropriate safeguards. In exceptional cases, we may export personal data to countries without adequate or appropriate data protection if the specific data protection requirements are met, such as the explicit consent of the affected persons or a direct connection with the conclusion or fulfillment of a contract. We are happy to provide information on any guarantees or provide a copy of any guarantees upon request.

8. Rights of Affected Persons
8.1 Data Protection Claims
We grant affected persons all rights under applicable data protection law. Affected persons have, in particular, the following rights:

Access: Affected persons can request information on whether we process personal data about them and, if so, what personal data is involved. Affected persons also receive the information necessary to assert their data protection claims and ensure transparency. This includes the processed personal data itself and, among other things, information on the purpose of processing, the retention period, any disclosure or transfer of data to other countries, and the origin of the personal data.
Correction and Restriction: Affected persons can have incorrect personal data corrected, incomplete data completed, and the processing of their data restricted.
Deletion and Objection: Affected persons can have personal data deleted (“Right to be Forgotten”) and object to the processing of their data with future effect.
Data Release and Data Transfer: Affected persons can request the release of personal data or the transfer of their data to another controller.
We may defer, restrict, or refuse to exercise the rights of affected persons to the extent legally permissible. We may inform affected persons of any conditions that must be met to exercise their data protection claims. For example, we may refuse to provide information in whole or in part by referring to trade secrets or the protection of other persons. We may also refuse to delete personal data in whole or in part by referring to legal retention obligations.

We may exceptionally charge fees for exercising rights. We will inform affected persons of any costs in advance.

We are required to take reasonable measures to identify affected persons who request information or assert other rights. Affected persons are obliged to cooperate.

8.2 Legal Protection
Affected persons have the right to assert their data protection claims through legal channels or to file a complaint with a data protection supervisory authority.

The data protection supervisory authority for private controllers and federal agencies 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 in the European Economic Area (EEA), data protection supervisory authorities are federally structured, particularly in Germany.

9. Use of the Website
9.1 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 is not 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 persistent cookies. “Session cookies” are automatically deleted when the browser is closed. Persistent cookies have a specific storage duration. Cookies make it possible to recognize a browser during a subsequent visit to our website, allowing, for example, the measurement of our website’s reach. Persistent cookies may also be used for online marketing purposes.

Cookies can be disabled or deleted at any time in the browser settings. 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 performance and reach measurement or advertising, a general objection (“opt-out”) is possible for many 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).

9.2 Logging
We may log the following data for each access to our website and other online presence, provided this data 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 sub-page of our website, including transmitted data volume, and the last page accessed in the same browser window (referer or referrer).

We log such data, which may also constitute personal data, in log files. This data is necessary to provide our online presence permanently, humanely, and reliably. The data is also necessary to ensure data security – either directly by us or with the help of third parties.

9.3 Counting Pixels
We may embed counting pixels in our online presence. Counting pixels are also referred to as web beacons. Counting pixels – also from third parties whose services we use – are usually small, invisible images or JavaScript scripts that are automatically retrieved when accessing our online presence. Counting pixels can capture at least the same information as log files.

10. Notifications and Communications
10.1 Performance and Reach Measurement
Notifications and communications may contain web links or counting pixels that track whether an individual communication was opened and which web links were clicked. Such web links and counting pixels can also track the usage of notifications and communications on a personal level. We require this statistical tracking of usage for performance and reach measurement to send notifications and communications effectively, user-friendly, and permanently, securely, and reliably based on the needs and reading habits of the recipients.

10.2 Consent and Objection
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 consent, in which case you will receive a notification with instructions for double confirmation. We may log obtained consents, including the IP address and timestamp, for evidence and security reasons.

You may generally object to receiving notifications and communications, such as newsletters, at any time. By objecting, you can simultaneously object to the statistical tracking of usage for performance and reach measurement. Required notifications and communications related to our activities and operations are exempt.

10.3 Service Providers for Notifications and Communications
We send notifications and communications with the help of specialized service providers.

We specifically use:

Mailchimp: Communication platform; Provider: The Rocket Science Group LLC DBA Mailchimp (USA) as a subsidiary of Intuit Inc. (USA); Privacy information: Privacy Statement (Intuit), including “Country and Region-Specific Terms,” “Mailchimp Intuit Privacy FAQ”, “Mailchimp and European Data Transfers”, “Security”, Cookie Policy, “Privacy Rights Requests”, “Legal Terms”.
11. Social Media
We are present 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 Switzerland and the European Economic Area (EEA).

The general terms and conditions (GTC) and usage conditions, as well as privacy policies and other provisions of the respective platform operators, apply. These provisions inform affected persons, particularly about their rights directly against the respective platform, including the right to information.

For our social media presence on Facebook, including so-called Page Insights, we are – if and to the extent that 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). Page Insights provide insights into how visitors interact with our Facebook presence. We use Page Insights to effectively and user-friendly provide our social media presence on Facebook.

Further information on the nature, scope, and purpose of data processing, information on the rights of affected persons, as well as the contact details of Facebook and Facebook’s data protection officer, can be found in the Facebook Privacy Policy. We have concluded the so-called “Controller Addendum” with Facebook, specifically agreeing that Facebook is responsible for ensuring the rights of affected persons. 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”.

12. Third-Party Services
We use services from specialized third parties to permanently, humanely, safely, and reliably conduct our activities and operations. With such services, we can embed functions and content into our website. Due to technical requirements, the services used temporarily capture at least the IP addresses of users.

For necessary security, 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 manner. For example, this may involve performance or usage data necessary to offer the respective service.

We specifically use:

Google services: Providers: Google LLC (USA) / Google Ireland Limited (Ireland) partially for users in the European Economic Area (EEA) and Switzerland; General privacy information: “Privacy and Security Principles”, “Information on how Google uses personal data”, Privacy Policy, “Google is committed to compliance with applicable privacy laws”, “Privacy Guide for Google Products”, “How we use data from websites or apps that use our services”, “Types of cookies and similar technologies that Google uses”, “Advertising that you control” (“Personalized Advertising”).
12.1 Digital Infrastructure
We use services from specialized third parties to utilize the necessary digital infrastructure in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.

We specifically use:

exigo: Hosting; Provider: exigo ag (Switzerland); Privacy information: Privacy Policy, “Privacy / Security”.
METANET: Hosting; Provider: METANET AG (Switzerland); Privacy information: Privacy Policy, “Technical and Organizational Measures”.
WordPress.com: Blog hosting and website builder; Providers: Automattic Inc. (USA) / Aut O’Mattic A8C Ireland Ltd. (Ireland) for users in Europe, among others; Privacy information: Privacy Policy, Cookie Policy.
12.2 Maps
We use services from third parties to embed maps into our website.

We specifically use:

Google Maps including Google Maps Platform: Map service; Provider: Google; Google Maps-specific information: “How Google uses location information”.
Outdooractive: Map service; Provider: Outdooractive AG (Germany); Privacy information: Privacy Policy.
12.3 Fonts
We use services from third parties to embed selected fonts, icons, logos, and symbols into our website.

We specifically use:

Google Fonts: Fonts; Provider: Google; Google Fonts-specific information: “Your Privacy and Google Fonts”, “Privacy and Data Collection” (at Google Fonts).
12.4 E-Commerce
We operate e-commerce and use services from third parties to successfully offer services, content, or goods.

12.5 Payments
We use specialized service providers to securely and reliably process payments from our customers. The legal texts of the individual service providers, such as general terms and conditions (GTC) or privacy policies, apply additionally to payment processing.

We specifically use:

Nexi: Credit card payment processing; Providers: Nexi S.p.A. (Italy) and other companies of the Nexi Group; Privacy information: Privacy Policy, “Privacy Information for Cardholders”.
PostFinance: Payment processing; Provider: PostFinance AG (Switzerland); Privacy information: “Legal Notes and Accessibility”, “Privacy” (including privacy policies).
TWINT: Payment processing in Switzerland; Provider: TWINT AG (Switzerland); Privacy information: Privacy Policy, “Security according to Swiss Standards”.
Worldline: Payment processing, particularly with mobile payment solutions; Providers: Worldline SA (France), Worldline Switzerland AG (Switzerland), and other Worldline companies worldwide (including in the USA); Privacy information: Privacy Policy, “Responsible Data Disclosure Program”, Cookie Policy.
12.6 Advertising
We use the possibility of displaying advertising with third parties, such as social media platforms and search engines, for our activities and operations.

We aim to reach people interested in our activities and operations or who might be interested (remarketing and targeting). For this purpose, we may transmit relevant – potentially personal – information to third parties who enable such advertising. We may also determine whether our advertising is successful, i.e., whether it leads to visits to our website (conversion tracking).

Third parties where we advertise and where you are registered as a user may associate the use of our website with your profile on their platform.

We specifically use:

Google Ads: Search engine advertising; Provider: Google; Google Ads-specific information: Advertising based on search queries, with various domain names – particularly doubleclick.net, googleadservices.com, and googlesyndication.com – used for Google Ads, Privacy Policy for Advertising, “Manage Ads Displayed Directly through Ads”.
Meta Ads: Social media advertising on Facebook and Instagram; Providers: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); Privacy information: Targeting, including retargeting, particularly with the Meta Pixel and with Custom Audiences, including Lookalike Audiences, Privacy Policy, “Ad Preferences” (login required).
13. Website Extensions
We use extensions for our website to enable additional functions. We may use selected services from suitable providers or implement such extensions on our digital infrastructure.

We specifically use:

Google reCAPTCHA: Spam protection (distinguishing between desired content from humans and unwanted content from bots and spam); Provider: Google; Google reCAPTCHA-specific information: “What is reCAPTCHA?”.
14. Performance and Reach Measurement
We aim to measure the success and reach of our activities and operations. In this context, we may also measure the impact of third-party references or test how different parts or versions of our online offering are used (“A/B test” method). Based on the results of performance and reach measurement, we can correct errors, strengthen popular content, or make improvements.

For performance and reach measurement, the IP addresses of individual users are generally captured. IP addresses are generally shortened (“IP masking”) in this case to follow the principle of data minimization through corresponding pseudonymization.

Cookies may be used, and user profiles created during performance and reach measurement. Any created user profiles may include, for example, the individual pages visited or content viewed 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 to identify individual users. However, specific third-party services where users are logged in may associate the use of our online offering with the user account or profile with the respective service.

We specifically use:

Google Marketing Platform: Performance and reach measurement, particularly with Google Analytics; Provider: Google; Google Marketing Platform-specific information: Measurement across different browsers and devices (cross-device tracking) with pseudonymized IP addresses that are only exceptionally fully transmitted to Google in the USA, Privacy Policy for Google Analytics, “Browser Add-on to Disable Google Analytics”.
Google Tag Manager: Embedding and managing services from Google and third parties, particularly for performance and reach measurement; Provider: Google; Google Tag Manager-specific information: Privacy Policy for Google Tag Manager; further privacy information can be found in the individual embedded and managed services.
15. Final Provisions
We created this privacy policy using 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, particularly by publishing the latest privacy policy on our website.