Data Privacy Policy
Privacy Policy
With this Privacy Policy, we inform you about the personal data we process in connection with our activities and operations, including our aparthotel-davos.ch website. We specifically inform about the purposes, methods, and locations of how we process personal data. We also inform about the rights of individuals whose data we process.
Additional privacy statements as well as other legal documents such as General Terms and Conditions (GTC), terms of use, or participation conditions may apply to individual or additional activities and operations.
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 recognized with a decision of July 26, 2000, that Swiss data protection law ensures adequate data protection. With a report from January 15, 2024, the European Commission confirmed this adequacy decision.
1. Contact Addresses
Responsibility for the processing of personal data:
Muchetta Immo-Invest AG
Aussergasse 18
7494 Davos Wiesen
Switzerland
In individual cases, there may be other responsible parties for the processing of personal data or joint responsibility with at least one other responsible party.
1.1 Data Protection Officer or Data Protection Advisor
We have the following data protection officer or advisor as a contact point for affected persons and authorities for inquiries related to data protection:
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 contact point for affected persons and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) for inquiries related to the GDPR.
2. Terms and Legal Bases
2.1 Terms
Personal data are all information related to a specific or identifiable natural person. An affected person is a person about whom we process personal data.
Processing includes any handling of personal data, irrespective of the means and procedures used, such as querying, matching, adjusting, archiving, storing, reading, disclosing, obtaining, recording, collecting, deleting, revealing, ordering, 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 and the processing of particularly sensitive personal data as the processing of special categories of personal data (Art. 9 GDPR).
2.2 Legal Bases
We process personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (Data Protection Act, FADP) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).
Insofar and as long as the General Data Protection Regulation (GDPR) is applicable, we process personal data according to at least one of the following legal bases:
Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data for the performance of a contract with the affected person as well as for the implementation of pre-contractual measures.
Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data to protect the legitimate interests of us or third parties, provided that the fundamental freedoms and rights as well as interests of the affected person do not prevail. Legitimate interests include, in particular, our interest in conducting our activities and operations in a permanent, user-friendly, secure, and reliable manner, as well as communicating about them, ensuring information security, protecting against misuse, enforcing our 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 according to the law of member states in the European Economic Area (EEA).
Art. 6 para. 1 lit. e GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
Art. 6 para. 1 lit. a GDPR for processing personal data with the consent of the affected person.
Art. 6 para. 1 lit. d GDPR for the necessary processing of personal data to protect the vital interests of the affected person or another natural person.
3. Type, Scope, and Purpose
We process those personal data that are necessary to be able to conduct our activities and operations in a permanent, user-friendly, secure, and reliable manner. Such personal data can particularly include categories of inventory and contact data, browser and device data, content data, meta or edge 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 or purposes, or as legally required. Personal data that is no longer necessary to process are anonymized or deleted.
We may have personal data processed by third parties. We may process personal data together with third parties or transmit them to third parties. Such third parties are particularly specialized providers whose services we use. We also ensure data protection with such third parties.
We process personal data principally only with the consent of the affected individuals. Insofar as the processing is permitted for other legal reasons, we may refrain from obtaining consent. For example, we may process personal data without consent to fulfill a contract, comply with legal obligations, or safeguard overriding interests.
We also process personal data that we receive from third parties, obtain from publicly accessible sources, or collect in the course of conducting our activities and operations, insofar and as long as such processing is permitted for legal reasons.
4. Communication
We process personal data to be able to communicate with third parties. In this context, we particularly process data transmitted by an affected person when making contact, for example, via postal mail or email. We may store such data in an address book or with similar tools.
Third parties who transmit data about other individuals are required to ensure data protection towards such affected persons. Among other things, this includes ensuring the accuracy of the transmitted personal data.
We use selected services from suitable providers to better communicate with third parties.
5. Data Security
We implement appropriate technical and organizational measures to ensure data security appropriate to the respective risk. With our measures, we particularly ensure the confidentiality, availability, traceability, and integrity of processed personal data, without being able to guarantee absolute data security.
Access to our website and our other online presences is secured through transport encryption (SSL / TLS, especially with Hypertext Transfer Protocol Secure, abbreviated as HTTPS). Most browsers mark transport encryption with a small padlock in the address bar.
Our digital communication is – like essentially all digital communication – subject to mass surveillance without specific cause or suspicion by security authorities in Switzerland, the rest of Europe, the United States of America (USA), and other countries. We cannot directly influence the respective processing of personal data by intelligence agencies, police stations, and other security authorities. Nor can we exclude the possibility that individual affected persons are specifically monitored.
6. Personal Data Abroad
We principally process personal data in Switzerland and the European Economic Area (EEA). However, we may also export or transmit personal data to other states, in particular, to process or have it processed there.
We may export personal data to all states and territories on Earth as well as elsewhere in the universe, provided that the respective law ensures an adequate level of data protection according to the decision of the Swiss Federal Council and – insofar and as long as the General Data Protection Regulation (GDPR) is applicable – according to the decision of the European Commission.
We may transmit personal data to countries whose laws do not ensure an adequate level of data protection, provided that data protection is guaranteed for other reasons, especially based on standard data protection clauses or with other suitable guarantees. Exceptionally, we may export personal data to countries without adequate or suitable data protection if the special data protection requirements are met, for example, the explicit consent of the affected individuals or a direct connection with the conclusion or processing of a contract. We are happy to provide affected individuals with information about any guarantees upon request or supply a copy of any guarantees.
7. Rights of Affected Persons
7.1 Data Protection Legal Claims
We grant all claims according to applicable data protection law to affected individuals. In particular, affected individuals have the following rights:
Access: Affected individuals can request information about whether we process personal data about them, and if so, which personal data. Furthermore, affected individuals receive those informations necessary to assert their data protection claims and ensure transparency. This includes the processed personal data themselves, but also information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries, and the origin of the personal data.
Correction and Restriction: Affected individuals can correct inaccurate personal data, complete incomplete data, and restrict the processing of their data.
Deletion and Objection: Affected individuals can have their personal data deleted (“right to be forgotten”) and object to the processing of their data with effect for the future.
Data Release and Data Portability: Affected individuals can request the release of personal data or the transfer of their data to another controller.
We may postpone, restrict, or refuse the exercise of rights by affected individuals within the legally permissible framework. We may inform affected individuals about any conditions that must be met to exercise their data protection rights. For example, we may refuse to provide information with reference to trade secrets or the protection of other persons in whole or in part. For example, we may also refuse the deletion of personal data with reference to legal retention obligations in whole or in part.
We may exceptionally impose costs for the exercise of rights. We inform affected individuals in advance about any possible costs.
We are obliged to identify affected individuals who request information or assert other rights with appropriate measures. Affected individuals are required to cooperate.
7.2 Legal Protection
Affected individuals have the right to enforce their data protection legal claims through legal proceedings or to file a complaint with a competent data protection supervisory authority.
The data protection supervisory authority for complaints from affected individuals against private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
European data protection supervisory authorities for complaints from affected individuals – insofar and as long as the General Data Protection Regulation (GDPR) is applicable – are organized as members in the European Data Protection Board (EDPB). In some Member States in the European Economic Area (EEA), the data protection supervisory authorities are federally structured, particularly in Germany.
8. Use of the Website
8.1 Cookies
We may use cookies. Cookies – 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 need not be limited to traditional cookies in text form.
Cookies can be stored in the browser temporarily as “Session Cookies” or for a certain period as so-called permanent cookies. “Session Cookies” are automatically deleted when the browser is closed. Permanent cookies have a specific storage duration. Cookies especially enable a browser to be recognized on a subsequent visit to our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing.
Cookies can be completely or partially deactivated and deleted in the browser settings at any time. Without cookies, our website may not be fully available. We request – at least as far as and to the extent required – explicit consent to the use of cookies.
For cookies used for success and reach measurement or for advertising, a general objection (“Opt-out”) is possible for numerous services via the AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).
8.2 Logging
We can log at least the following information for each access to our website and our other online presence, provided they are 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 the amount of data transferred, the last page called up in the same browser window (referer or referrer).
We log such information, which can also represent personal data, in log files. The information is necessary to be able to provide our online presence in a permanent, user-friendly, and reliable manner. The information is also necessary to ensure data security – also by third parties or with the help of third parties.
8.3 Tracking Pixels
We may incorporate tracking pixels into our online presence. Tracking pixels are also known as web beacons. Tracking pixels – including those from third parties whose services we use – are typically small, invisible images or scripts formulated in JavaScript that are automatically retrieved when accessing our online presence. Tracking pixels can capture at least the same information as logged in log files.
9. Notifications and Communications
We send notifications and communications via email and through other communication channels such as instant messaging or SMS.
9.1 Success and Reach Measurement
Notifications and communications can 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 capture the use of notifications and communications on a personal level. We need this statistical capture of usage for success and reach measurement, to be able to send notifications and communications effectively and user-friendly based on the needs and reading habits of the recipients, and to ensure they are sent permanently, securely, and reliably.
9.2 Consent and Objection
You must generally consent to the use of your email address and other contact addresses unless the use is permitted for other legal reasons. We may use the “Double Opt-in” procedure for obtaining confirmed consent. In this case, you will receive a message with instructions for double confirmation. We may log obtained consents including IP address and timestamp for evidence and security reasons.
You can generally object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical capture of usage for success and reach measurement. Mandatory notifications and communications related to our activities and operations remain reserved.
9.3 Service Providers for Notifications and Communications
We send notifications and communications with the help of specialized service providers.
We particularly use:
Mailchimp: Communication platform; Provider: The Rocket Science Group LLC DBA Mailchimp (USA) as a subsidiary of Intuit Inc. (USA); Privacy information: Privacy Policy (Intuit) including “Country and Region-Specific Terms”, “Mailchimp Privacy FAQ”, “Mailchimp and European Data Transfers”, “Security”, Cookie Policy, “Privacy Rights Requests”, “Legal Terms”.
10. Social Media
We are present on social media platforms and other online platforms to communicate with interested individuals and inform them about our activities and operations. In connection with such platforms, personal data may also be processed outside of Switzerland and the European Economic Area (EEA).
The general terms and conditions (GTC) and terms of use as well as privacy policies and other provisions of the individual operators of such platforms also apply. These provisions provide information, in particular, about the rights of affected individuals directly against the respective platform, which includes, for example, the right to information.
For our social media presence on Facebook, including so-called page insights, we are – insofar and as long as the General Data Protection Regulation (GDPR) is applicable – jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). The page insights provide information on 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 type, scope, and purpose of data processing, information on the rights of affected individuals, and contact details of Facebook as well as Facebook’s data protection officer can be found in the Facebook Privacy Policy. We have concluded the so-called “Controller Addendum” with Facebook and thereby agreed in particular that Facebook is responsible for ensuring the rights of affected individuals. For the so-called page insights, the relevant information can be found on the page “Information on Page Insights” including “Information about Page Insights Data”.
<11. Third-Party Services
We use services from specialized third parties to be able to conduct our activities and operations permanently, user-friendly, securely, and reliably. With such services, we can embed functions and content into our website, among other things. For such an embedding, the used services technically necessarily capture at least temporarily the IP addresses of users.
For required security-related, 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. These are, for example, performance or usage data to be able to offer the respective service.
We particularly use:
Services by Google: Providers: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General privacy information: “Principles for privacy and security”, Privacy Policy, “Google’s commitment to GDPR compliance”, “Privacy Guide for Google Products”, “How Google uses data from sites or apps that use our services”, “Types of cookies and other technologies used by Google”, “Ads you can control” (“Personalized advertising”).
11.1 Digital Infrastructure
We use services from specialized third parties to access the required digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.
We particularly use:
exigo: Hosting; Provider: exigo ag (Switzerland); Privacy information: Privacy Policy, “Data Protection / Security”.
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.
11.2 Maps
We use third-party services to embed maps into our website.
We particularly 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.
11.3 Fonts
We use services from third parties to embed selected fonts as well as icons, logos, and symbols into our website.
We particularly use:
Google Fonts: Fonts; Provider: Google; Google Fonts-specific information: “Your Privacy and Google Fonts”, “Privacy and Data Collection”.
11.4 E-Commerce
We operate e-commerce and use services from third parties to successfully offer services, content, or goods.
11.5 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 the processing of payments.
We particularly use:
Concardis: Processing of credit card payments; Provider: Concardis GmbH (Germany); Privacy information: Privacy Policy, “Data Protection Information for Cardholders”.
PostFinance: Processing of payments; Provider: PostFinance AG (Switzerland); Privacy information: “Legal Notices and Accessibility”, “Data Protection” (including Privacy Statements).
TWINT: Processing of payments in Switzerland; Provider: TWINT AG (Switzerland); Privacy information: Privacy Statement, “Security according to Swiss standards”.
Worldline: Processing of payments, especially 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 Disclosure Program”, Cookie Policy.
11.6 Advertising
We utilize the option to display targeted advertising on third-party platforms such as social media platforms and search engines for our activities and operations.
We aim to reach individuals who are already interested in our activities and operations or could be interested (Remarketing and Targeting). For this purpose, we may transmit corresponding – possibly personal – information to third parties that enable such advertising. We can also determine whether our advertising is successful, specifically whether it leads to visits to our website (Conversion Tracking).
Third parties, where we advertise and where you as a user are registered, may potentially associate the use of our website with your profile there.
We particularly use:
Facebook Advertising (Facebook Ads): Social media advertising; Providers: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); Privacy information: Remarketing and targeting especially with the Facebook Pixel and Custom Audiences including Lookalike Audiences, Privacy Policy, “Ad Preferences” (Login as a user required).
Google Ads: Search engine advertising; Provider: Google; Google Ads-specific information: Advertising based on search queries, with various domain names – especially doubleclick.net, googleadservices.com, and googlesyndication.com – used for Google Ads, “Advertising” (Google), “Manage ads directly through ads”.
Instagram Ads: Social media advertising; Providers: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); Privacy information: Remarketing and targeting especially with Facebook Pixel and Custom Audiences including Lookalike Audiences, Privacy Policy (Instagram), Privacy Policy (Facebook), “Ad Preferences” (Instagram) (Login as a user required), “Ad Preferences” (Facebook) (Login as a user required).
12. Website Extensions
We use extensions for our website to be able to use additional functions. We can use selected services from suitable providers or use such extensions on our own server infrastructure.
We particularly use:
Google reCAPTCHA: Spam protection (differentiating between desired content from humans and undesirable content from bots and spam); Provider: Google; Google reCAPTCHA-specific information: “What is reCAPTCHA?”.
13. Success and Reach Measurement
We strive to determine how our online offer is used. In this context, we can, for example, measure the success and reach of our activities and operations as well as the impact of third-party links on our website. We can also try out and compare how different parts or versions of our online offer are used («A/B testing» method). Based on the results of the success and reach measurement, we can particularly correct errors, strengthen popular content, or make improvements to our online offer.
For success and reach measurement, the IP addresses of individual users are stored in most cases. In this case, IP addresses are basically shortened («IP masking») to comply with the principle of data minimization through the corresponding pseudonymization.
Success and reach measurement can involve the use of cookies and the creation of user profiles. Any user profiles created may include, for example, visited individual pages or viewed content on our website, information about the size of the screen or browser window, and the – at least approximate – location. Basically, any user profiles are created exclusively in a pseudonymized manner and are not used for the identification of individual users. Individual services of third parties, where users are registered, may potentially associate the use of our online offer with the user account or user profile at the respective service.
We particularly use:
Google Analytics: Success and reach measurement; Provider: Google; Google Analytics-specific information: Measurement across different browsers and devices (Cross-Device Tracking) as well as with pseudonymized IP addresses, which are only exceptionally transmitted completely to Google in the USA, “Privacy”, “Browser Add-on for Deactivating Google Analytics”.
Google Tag Manager: Integration and management of other services for success and reach measurement as well as further services from Google and third parties; Provider: Google; Google Tag Manager-specific information: “Data captured by Google Tag Manager”; additional privacy information can be found for the individual integrated and managed services.
14. Final Provisions
We have created this privacy policy with the Data Protection Generator from Datenschutzpartner. The present privacy policy is an unofficial translation from the original German version.
We may adjust and supplement this privacy policy at any time. We will inform about such adjustments and supplements in an appropriate manner, in particular by publishing the respective current privacy policy on our website.
