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 website under the domain name aparthotel-davos.ch. In particular, we explain why, how, and where we process which personal data. We also inform you about the rights of individuals whose data we process.
For individual or additional activities and operations, we may publish further privacy policies or other information on data protection.
We are subject to Swiss law as well as any applicable foreign law, in particular that of the European Union (EU) with the European General Data Protection Regulation (GDPR).
On Decision of 26 July 2000, the European Commission recognized that Swiss data protection law ensures adequate protection. On Report of 15 January 2024, the European Commission confirmed this adequacy decision.
Table of Contents
1. Contact Addresses1.1 Data Protection Officer or Data Protection Advisor
1.2 Data Protection Representative in the European Economic Area (EEA)
2. Terms and Legal Bases2.1 Terms
2.2 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 Subjects9.1 Data Protection Claims
9.2 Legal Remedies
10. Use of the Website10.1 Cookies
10.2 Logging
10.3 Tracking Pixels
11. Notifications and Messages11.1 Success and Reach Measurement
11.2 Consent and Objection
11.3 Service Providers for Notifications and Messages
12. Social Media
13. Third-Party Services13.1 Digital Infrastructure
13.2 Map Material
13.3 Fonts
13.4 E-Commerce
13.5 Payments
13.6 Advertising
14. Website Extensions
15. Success and Reach Measurement
16. Final Notes on this Privacy Policy
1. Contact Addresses
Responsible in terms of data protection law is:
Muchetta Immo-Invest AG
Aussergasse 18
7494 Davos Wiesen
Switzerland
In individual cases, third parties may be responsible for the processing of personal data, or joint responsibility may exist with third parties. Upon request, we will gladly provide data subjects with information about the respective responsibility.
1.1 Data Protection Officer or Data Protection Advisor
We have appointed the following data protection officer or data protection advisor as the point of contact for data subjects and authorities in matters relating to data protection:
Sylvia Bärtschi
Muchetta Immo-Invest AG
Aussergasse 18
7494 Davos Wiesen
Switzerland
1.2 Data Protection Representative in the European Economic Area (EEA)
We have appointed the following data protection representative in accordance with Art. 27 GDPR:
VGS Datenschutzpartner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany
The data protection representative serves as an additional point of contact for data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) regarding GDPR-related inquiries.
2. Terms and Legal Bases
2.1 Terms
Data Subject: 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 relating to trade union, political, religious, or philosophical views and activities; data concerning health, privacy, or affiliation with an ethnic group or race; genetic data; biometric data uniquely identifying a natural person; data concerning criminal and administrative sanctions or prosecutions; and data concerning social welfare measures.
Processing: Any handling of personal data, regardless of the methods and procedures used, such as querying, matching, adapting, archiving, retaining, reading, disclosing, collecting, recording, gathering, deleting, revealing, arranging, organizing, storing, modifying, distributing, 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 to the Federal Act on Data Protection (Data Protection Ordinance, DPO).
We process personal data – where and to the extent that the European General Data Protection Regulation (GDPR) applies – in accordance with at least one of the following legal bases:
Art. 6(1)(b) GDPR for the processing of personal data necessary to perform a contract with the data subject as well as to carry out pre-contractual measures.
Art. 6(1)(f) GDPR for the processing of personal data necessary to protect legitimate interests – including the legitimate interests of third parties – provided these are not overridden by the fundamental freedoms, rights, and interests of the data subject. Such interests include, in particular, the sustainable, user-friendly, secure, and reliable execution of our activities and operations, the safeguarding of information security, protection against misuse, enforcement of our legal claims, and compliance with Swiss law.
Art. 6(1)(c) GDPR for the processing of personal data necessary to comply with a legal obligation to which we are subject under applicable law of Member States in the European Economic Area (EEA).
Art. 6(1)(e) GDPR for the processing of personal data necessary to perform 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 processing of personal data necessary to protect the vital interests of the data subject or 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 the processing of personal data and to the processing of special categories of personal data as the processing of special categories of personal data (Art. 9 GDPR).
3. Type, Scope, and Purpose of the Processing of Personal Data
We process those personal data that are necessary in order to carry out our activities and operations on a sustainable, user-friendly, secure, and reliable basis. 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. Personal data may also include special categories of personal data.
We also process personal data that we receive from third parties, obtain from publicly accessible sources, or collect in the course of our activities and operations, where such processing is permitted.
We process personal data, where required, with the consent of the data subjects. In many cases, we may also process personal data without consent, for example to comply with legal obligations or to safeguard overriding interests. We may also request the consent of data subjects even when it is not necessary.
We process personal data for the duration required for the respective purpose. In particular, we anonymize or delete personal data depending on statutory retention and limitation periods.
4. Disclosure of Personal Data
We may disclose personal data to third parties, have them processed by third parties, or process them jointly with third parties. Such third parties may include, for example, specialized service providers whose services we use.
In the course of our activities and operations, we may disclose personal data in particular 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, 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 communicate with individuals as well as with authorities, organizations, and companies. In particular, we process data that a data subject provides to us when contacting us, for example by postal mail or email. We may store such data in an address book or using comparable tools.
Third parties who transmit data about other individuals to us are obliged to ensure the data protection of those data subjects independently. In particular, they must guarantee that such data are accurate and may be 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 data of data subjects beyond direct communication.
6. Applications
We process personal data of applicants insofar as they are necessary to assess suitability for an employment relationship or for the subsequent execution of an employment contract. The required personal data result in particular from the requested information, for example in the context of a job advertisement. We may publish job postings with the help of suitable third parties, for example in electronic and printed media or on job portals and employment platforms.
We also process those personal data that applicants voluntarily provide or make public, in particular as part of cover letters, CVs, and other application documents, as well as from online profiles.
We process – where and to the extent that the General Data Protection Regulation (GDPR) applies – personal data of applicants in particular pursuant to Art. 9(2)(b) GDPR.
7. Data Security
We take appropriate technical and organizational measures to ensure data security appropriate to the respective risk. With our measures, we particularly ensure the confidentiality, availability, traceability, and integrity of the processed personal data, though we cannot guarantee absolute data security.
Access to our website and our other digital presence takes place via 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 generally the case with 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 processing of personal data by intelligence services, police departments, and other security authorities. Nor can we exclude the possibility that a data subject may be 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 to process them there or have them processed.
We may transfer personal data to all countries on Earth and elsewhere in the universe, provided that the law there ensures adequate data protection pursuant to a decision of the Swiss Federal Council and – where and to the extent that the General Data Protection Regulation (GDPR) applies – also pursuant to a decision of the European Commission.
We may transfer personal data to countries whose laws do not guarantee adequate data protection if data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or with other suitable safeguards. Exceptionally, we may export personal data to countries without adequate or suitable data protection if the specific data protection requirements are met, for example the explicit consent of the data subjects or a direct connection with the conclusion or execution of a contract. Upon request, we will gladly inform data subjects about any safeguards or provide a copy of any such safeguards.
9. Rights of Data Subjects
9.1 Data Protection Claims
We grant data subjects all rights to which they are entitled under applicable law. In particular, data subjects have the following rights:
Access: Data subjects may request information on whether we process personal data about them, and if so, which personal data. Data subjects also receive the information necessary to assert their data protection rights and to ensure transparency. This includes the personal data processed as such, but also details on the purpose of processing, the retention period, any disclosure or transfer 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 the processing of their data restricted.
Opportunity to State Their Own Position and Human Review: In the case of decisions based solely on automated processing of personal data that have legal effects on them or significantly affect them (automated individual decisions), data subjects may state their own position and request human review.
Erasure and Objection: Data subjects may have personal data erased (“right to be forgotten”) and object to the processing of their data with effect for the future.
Data Portability: Data subjects may request the release of personal data or the transfer of their data to another controller.
We may defer, restrict, or refuse the exercise of the rights of data subjects to the legally permissible extent. We may also inform data subjects of any conditions that must be met in order to exercise their data protection rights. For example, we may refuse access in whole or in part with reference to confidentiality obligations, overriding interests, or the protection of other individuals. Similarly, we may refuse the erasure of personal data in whole or in part, particularly with reference to statutory retention obligations.
We may exceptionally charge costs for the exercise of rights. We will inform data subjects of any such costs in advance.
We are obliged to identify data subjects who request access or assert other rights with appropriate measures. Data subjects are required to cooperate.
9.2 Legal Remedies
Data subjects have the right to enforce their data protection rights in court or to lodge 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), data protection supervisory authorities are structured federally, particularly in Germany.
10. Use of the Website
10.1 Cookies
We may use cookies. Cookies – our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) – are data stored in the browser. Such stored data do not necessarily have to 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 permanent cookies. “Session cookies” are automatically deleted when the browser is closed. Permanent cookies have a defined storage period. Cookies make it possible in particular to recognize a browser upon the next visit to our website and thereby, for example, measure the reach of our website. Permanent cookies can also be used, for example, for online marketing.
Cookies can be deactivated, restricted, or deleted in the browser settings at any time, either in whole or in part. Browser settings often also allow for automated deletion and other management of cookies. Without cookies, our website may no longer be fully available. We request – at least where and to the extent required by applicable law – the express consent for the use of cookies.
For cookies used for performance and reach measurement or for advertising, a general objection (“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, 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, individual subpage of our website accessed including amount of data transferred, last web page accessed in the same browser window (referrer).
We log such information, which may also constitute personal data, in log files. The information is necessary to provide our digital presence on a permanent, user-friendly, and reliable basis. The information is also required to ensure data security – including by third parties or with the help of third parties.
10.3 Tracking Pixels
We may integrate tracking pixels into our digital presence. Tracking pixels are also referred to as web beacons. Tracking pixels – also from third parties whose services we use – usually consist of small, invisible images or scripts written in JavaScript that are automatically retrieved when accessing our digital presence. Tracking pixels can capture at least the same information as is recorded 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 can also record the use of notifications and messages on a personal basis. We require this statistical collection of usage for performance and reach measurement in order to send notifications and messages effectively, in a user-friendly, permanent, secure, and reliable manner, based on the needs and reading habits of the recipients.
11.2 Consent and Objection
You must generally consent to the use of your email address and other contact details unless the use is permitted for other legal reasons. To obtain double-confirmed consent, we may use the “double opt-in” procedure. In this case, you will receive a message with instructions for double confirmation. We may log obtained consent, including IP address and timestamp, for evidentiary and security purposes.
You may generally object to receiving notifications and messages, such as newsletters, at any time. With such an objection, you may at the same time object to the statistical collection of usage for performance and reach measurement. Required notifications and messages in connection with our activities and operations remain reserved.
11.3 Service Providers for Notifications and Messages
We send notifications and messages with the help of specialized service providers.
We use in particular:
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 Privacy FAQs, Mailchimp and European Data Transfers, Security, Cookie Policy, Privacy Rights Requests, Legal Terms.
12. Social Media
We are present on social media platforms and other online platforms in order to communicate with interested individuals and to 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 respective terms and conditions (T&Cs), terms of use, privacy policies, and other provisions of the individual operators of such platforms also apply. These provisions inform in particular about the rights of data subjects directly vis-à-vis the respective platform, which include, for example, the right of access.
For our social media presence on Facebook, including the so-called Page Insights, we are – where and to the extent that 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 provide our social media presence on Facebook effectively and in a user-friendly way.
Further information on the nature, scope, and purpose of 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 the Facebook Privacy Policy. We have concluded the so-called “Controller Addendum” with Facebook and in particular agreed that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the relevant information can be found on the page “Information about Page Insights”, including “Information about Page Insights Data”.
13. Services from Third Parties
We use services from specialized third parties to be able to carry out our activities and operations on a permanent, user-friendly, secure, and reliable basis. With such services, we can embed functions and content into our website. In the case of such embedding, the services used will, for technically unavoidable reasons, at least temporarily record the IP addresses of the users.
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 aggregated, anonymized, or pseudonymized form. This may include, for example, performance or usage data in order to be able to provide the respective service.
We use in particular:
Google services: providers: Google LLC (USA) / Google Ireland Limited (Ireland), partly for users in the European Economic Area (EEA) and Switzerland; general information on privacy: “Privacy and Security Principles”, “More information on how Google uses personal data”, Privacy Policy, “Google’s commitment to data protection laws”, “Privacy Guide for Google Products”, “How we use data from sites or apps that use our services”, Cookie Policy, “Ads you can control” (settings for personalized advertising).
13.1 Digital Infrastructure
We use services from specialized third parties to utilize necessary digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.
We use in particular:
exigo: hosting; provider: exigo ag (Switzerland); privacy information: Privacy Policy, “Privacy / Security”.
METANET: hosting; provider: METANET AG (Switzerland); privacy information: Privacy Policy, “Legal” including “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.
13.2 Maps
We use services from third parties to embed maps into our website.
We use in particular:
Google Maps including Google Maps Platform: mapping service; provider: Google; Google Maps-specific information: “How Google uses location information”.
13.3 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:
Google Fonts: fonts; provider: Google; Google Fonts-specific information: “Your Privacy and Google Fonts”, “Privacy and Data Collection” (Google Fonts).
13.4 E-Commerce
We operate e-commerce and use services from third parties to be able to successfully offer services, content, or goods.
13.5 Payments
We use specialized service providers to process payments securely and reliably. For the processing of payments, the legal texts of the respective service providers, such as general terms and conditions (GTC) or privacy policies, apply in addition.
We use in particular:
Nexi: processing of credit card payments; 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 information and accessibility”, “Data protection” (including privacy policies).
Worldline: payment processing, in particular with mobile payment solutions; providers: Worldline SA (France), Worldline Schweiz AG (Switzerland), and other Worldline companies worldwide (including in the USA); privacy information: Privacy Policy, “Responsible Disclosure Program”, Cookie Policy.
13.6 Advertising
We use the option of displaying targeted advertising with third parties, such as social media platforms and search engines, for our activities and operations.
With such advertising, we aim in particular to reach individuals who are already interested in our activities and operations or who might be interested in them (remarketing and targeting). For this purpose, we may transmit corresponding – possibly also personal – information to third parties that enable such advertising. We may also determine whether our advertising is successful, meaning in particular whether it leads to visits to our website (conversion tracking).
Third parties with whom we advertise and with whom you as a user are registered may be able to assign the use of our website to your profile there.
We use in particular:
Google Ads: search engine advertising; provider: Google; Google Ads-specific information: advertising, among other things, based 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 ads shown 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, in particular with the Meta Pixel and with Custom Audiences including Lookalike Audiences, Privacy Policy, “Ad preferences” (login required as a user).
14. Extensions for the Website
We use extensions for our website to enable additional functions. We may use selected services from suitable providers or use such extensions on our own digital infrastructure.
We use in particular:
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?”.
15. Success and Reach Measurement
We try 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 check how different parts or versions of our digital presence are used (“A/B testing” method). Based on the results of success and reach measurement, we can in particular correct errors, strengthen popular content, or make improvements.
For success and reach measurement, the IP addresses of individual users are usually recorded. IP addresses are in this case generally shortened (“IP masking”) in order to follow the principle of data minimization through corresponding pseudonymization.
Cookies may be used in success and reach measurement, and user profiles may be created. Any user profiles created may include, for example, the individual pages visited or content viewed on our digital presence, information about the size of the screen or browser window, and the – at least approximate – location. Generally, any user profiles are created exclusively in a pseudonymized manner and not used for the identification of individual users. Certain third-party services with which users are registered may possibly assign the use of our online offering to the respective user account or profile with the respective service.
We use in particular:
Google Marketing Platform: success 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, which 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 services from Google and third parties, in particular for success and reach measurement; provider: Google; Google Tag Manager-specific information: Privacy Policy for Google Tag Manager; further privacy information can be found with the individual integrated and managed services.
16. Final Notes on the Privacy Policy
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 update this privacy policy at any time. We will provide information about updates in an appropriate form, in particular by publishing the current privacy policy on our website.
