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Data protection

With this Privacy Policy, we inform you about the personal data we process in connection with our activities and operations, including our baenklialp.ch website. We particularly inform about the purposes, manner, and locations of processing personal data. We also inform about the rights of individuals whose data we process.

For specific or additional activities and operations, further privacy policies as well as 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 and 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

Responsible for the processing of personal data:

Hotel Restaurant Bänklialp
Bänklialpweg 25
CH-6390 Engelberg

info@baenklialp.ch

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.

2. Terms and Legal Bases

2.1 Terms

Personal data are all information relating to an identified 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 procedures used, such as querying, comparing, adapting, archiving, storing, reading, disclosing, obtaining, collecting, raising, deleting, revealing, organizing, storing, modifying, 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.

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, DPA) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

Where applicable and to the extent the General Data Protection Regulation (GDPR) applies, 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 of third parties, unless the fundamental freedoms and rights as well as interests of the affected person prevail. Legitimate interests are in particular our interest to carry out our activities and operations permanently, user-friendly, securely, and reliably and to be able to communicate about them, ensuring information security, protection against misuse, enforcement of our own legal claims, and compliance with Swiss law.
  • Art. 6 para. 1 lit. c GDPRfor the necessary processing of personal data to fulfill a legal obligation to which we are subject according to any applicable 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 carry out our activities and operations permanently, user-friendly, securely, and reliably. Such personal data may in particular fall into the categories of inventory 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 that is necessary for the respective purpose or purposes or as required by law. Personal data whose processing is no longer necessary are anonymized or deleted.

We may have personal data processed by third parties. We may process personal data together with third parties or transmit personal data to third parties. Such third parties are in particular 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 persons. To the extent and as long 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, to comply with legal obligations, or to protect overriding interests.

We also process personal data that we receive from third parties, obtain from publicly accessible sources, or collect during the performance of our activities and operations, provided and to the extent 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 process, in particular, data that an affected person transmits to us when contacting us, for example, by postal mail or email. We may store such data in an address book or with similar tools.

Third parties who transmit data about other persons are obliged to ensure data protection towards such affected persons. Among other things, the accuracy of the transmitted personal data must be ensured.

5. Applications

We process personal data about applicants to the extent necessary to assess their suitability for an employment relationship or for the subsequent performance of an employment contract. The necessary personal data result in particular from the information requested, for example, as part of a job advertisement. We may publish job advertisements with the help of suitable third parties, for example, in electronic and printed media or on job portals and job platforms.

We also process those personal data that applicants voluntarily provide or publish, especially as part of cover letters, curriculum vitae, and other application documents, as well as online profiles.

We process – to the extent and as long as the General Data Protection Regulation (GDPR) applies – personal data about applicants in particular according to Art. 9 para. 2 lit. b GDPR.

6. Data Security

We take appropriate 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, although we cannot guarantee absolute data security.

Access to our website and our other online presence is made using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers mark transport encryption with a small padlock in the address bar.

Our digital communication is – like fundamentally any digital communication – subject to mass surveillance without cause and suspicion by security authorities in Switzerland, the rest of Europe, the United States of America (USA), and other countries. We cannot directly influence the corresponding processing of personal data by intelligence services, police stations, and other security authorities. We also cannot exclude that individual affected persons are monitored in a targeted manner.

7. Personal Data Abroad

We process personal data principally in Switzerland and in the European Economic Area (EEA). However, we can also export or transmit personal data to other states, in particular, to process them there or have them processed there.

We can export personal data to all states and territories on Earth as well as elsewhere in the universe, provided the law there, according to the decision of the Swiss Federal Council, ensures adequate data protection and – to the extent and as long as the General Data Protection Regulation (GDPR) applies – according to the decision of the European Commission ensures adequate data protection.

We can transmit personal data to states whose law does not ensure adequate data protection if data protection is guaranteed for other reasons, in particular, based on standard data protection clauses or with other suitable guarantees. Exceptionally, we can export personal data to states without adequate or suitable data protection if the special data protection legal requirements are met, for example, the explicit consent of the affected persons or a direct connection with the conclusion or performance of a contract. We are happy to provide affected persons with information about any guarantees upon request or to provide a copy of any guarantees.

8. Rights of Affected Persons

8.1 Data Protection Legal Claims

We grant affected persons all claims according to the applicable data protection law. Affected persons have in particular the following rights:

  • Information: Affected persons can request information about whether we process personal data about them, and if so, what personal data. Affected persons also receive further information necessary to assert their data protection legal claims and to ensure transparency. This includes the processed personal data as such, but also, among other things, information on the purpose of processing, the duration of storage, any disclosure or export of data to other states, and the origin of the personal data.
  • Correction and Restriction: Affected persons can correct incorrect personal data, complete incomplete data, and restrict the processing of their data.
  • Deletion and Objection: Affected persons can have personal data deleted ("right to be forgotten") and object to the processing of their data with effect for the future.
  • Data Release and Data Transfer: Affected persons can request the release of personal data or the transfer of their data to another responsible party.

We may postpone, restrict, or refuse the exercise of the rights of affected persons within the legally permissible framework. We may point out to affected persons any conditions that must be met for the exercise of their data protection legal claims. For example, we may partially or completely refuse to provide information with reference to trade secrets or the protection of other persons. We may also partially or completely refuse to delete personal data with reference to statutory retention obligations.

We may exceptionally provide for costs for the exercise of rights. We inform affected persons in advance about any costs.

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

8.2 Legal Protection

Affected persons have the right to enforce their data protection legal claims in court or to file a report or complaint with a competent data protection supervisory authority.

The data protection supervisory authority for reports from affected persons against private responsible parties and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

European data protection supervisory authorities for complaints from affected persons – to the extent and as long as the General Data Protection Regulation (GDPR) applies – 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, especially in Germany.

9. Use of the Website

9.1 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 have to 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 enable, in particular, a browser to be recognized on the next visit to our website and thus, for example, the reach of our website to be measured. However, permanent cookies can also be used for online marketing, for example.

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 to the extent and as long as necessary – active 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).

9.2 Logging

We can log each access to our website and our other online presence, provided these access data are transmitted to our digital infrastructure during such accesses: Date and time including timezone, IP address, access status (HTTP status code), operating system including user interface and version, browser including language and version, the called individual sub-page of our website including the amount of data transferred, the last page called in the same browser window (referrer or referrer).

We log such information, which can also be 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 – also by third parties or with the help of third parties.

9.3 Tracking Pixels

We can integrate tracking pixels into our online presence. Tracking pixels are also known as web beacons. Tracking pixels – also from third parties whose services we use – are usually small, invisible images or scripts formulated in JavaScript that are automatically retrieved when accessing our online presence. With tracking pixels, at least the same information as in log files can be recorded.

10. Notifications and Communications

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

10.1 Success and Reach Measurement

Notifications and communications 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 communications on a personal basis. We need this statistical recording of usage for the 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.

10.2 Consent and Objection

You must basically consent to the use of your email address and your other contact addresses unless the use is permitted for other legal reasons. For the possible obtaining of a double-confirmedconsent, we can use the "Double Opt-in" procedure. In this case, you will receive a notification with instructions for double confirmation. We can log obtained consents including IP address and timestamp for proof and security reasons.

You can basically object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical recording of usage for success and reach measurement. Reserved are necessary notifications and communications in connection with our activities and operations.

10.3 Service Providers for Notifications and Communications

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

We use in particular:

11. Social Media

We are present on social media platforms and other online platforms to communicate with interested persons and inform 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), 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 affected persons directly against the respective platform, which includes, for example, the right to information.

For our social media presence on Facebook including the so-called Page Insights, we are – to the extent and as long as the General Data Protection Regulation (GDPR) applies – jointly responsible with Meta Platforms Ireland Limited (Ireland). The Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). The Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to be able to provide our social media presence on Facebook effectively and user-friendly.

Further information about the type, scope, and purpose of data processing, information about the rights of affected persons, and the contact details of Facebook as well as 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 thereby agreed, in particular, 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 on Page Insights" including "Information on Page Insights Data".

12. Services from Third Parties

We use services from specialized third parties to be able to carry out our activities and operations permanently, user-friendly, securely, and reliably. With such services, we can embed functions and content into our website, for example. In the case of such 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 can process data in connection with our activities and operations aggregated, anonymized, or pseudonymized. These are, for example, performance or usage data to be able to offer the respective service.

We use in particular:

12.1 Digital Infrastructure

We use services from specialized third parties to be able to use required digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

We use in particular:

12.2 Audio and Video Conferences

We use specialized services for audio and video conferences to communicate online. With these services, we can conduct virtual meetings or provide online teaching and webinars, for example. The legal texts of the individual services, such as privacy policies and terms of use, apply additionally to this privacy policy for participation in audio or video conferences.

We recommend, depending on the life situation, muting the microphone by default and blurring the background or displaying a virtual background when participating in audio or video conferences.

12.3 Online Collaboration

We use third-party services to enable online collaboration. In addition to this privacy policy, the conditions of the used services, such as terms of use or privacy policies, also apply, if directly apparent.

12.4 Maps

We use third-party services to embed maps into our website.

We use in particular:

12.5 Digital Audio and Video Content

We use services from specialized third parties to enable direct playback of digital audio and video content, such as music or podcasts.

We use in particular:

12.6 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:

12.7 Advertising

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

We particularly want to reach people with such advertising who are already interested in our activities and operations or who could be interested in them (Remarketing and Targeting). For this purpose, we can transmit corresponding – possibly also personal – data to third parties enabling such advertising. We can 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 as a user are registered can possibly assign the use of our website to your profile there.

We use in particular:

13. Extensions for the Website

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 use in particular:

  • Google reCAPTCHA: Spam protection (distinction between desired content from humans and unwanted content from bots and spam); Provider: Google; Google reCAPTCHA-specific information: "What is reCAPTCHA?".

14. Success and Reach Measurement

We try to determine how our online offering 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. But we can also try out and compare how different parts or versions of our online offering are used ("A/B testing" method). Based on the results of success and reach measurement, we can, in particular, fix errors, strengthen popular content, or make improvements to our online offering.

For success and reach measurement, IP addresses of individual users are usually stored. In this case, IP addresses are basically shortened ("IP masking") to follow the principle of data minimization through the corresponding pseudonymization.

In success and reach measurement, cookies may be used, and user profiles may be created. Any created user profiles include, for example, visited individual pages or viewed content on our website, information on the size of the screen or browser window, and the – at least approximate – location. Basically, any user profiles are created exclusively pseudonymized and are not used to identify individual users. Individual services from third parties where users are registered can possibly assign the use of our online offering to the user account or user profile at the respective service.

We use in particular:

15. Video Surveillance

We use video surveillance for the prevention of crimes and for evidence collection in the case of crimes as well as to exercise our house rights. In this case – to the extent and as long as the General Data Protection Regulation (GDPR) applies – this constitutes overriding legitimate interests according to Art. 6 para. 1 lit. f GDPR.

We store recordings from our video surveillance as long as they are required for evidence collection.

We can secure recordings due to legal obligations, to enforce our own legal claims, and in case of suspicion of crimes as well as transmit them to competent authorities such as courts or law enforcement agencies.

16. Final Provisions

We created this Privacy Policy with the Privacy Policy Generator from Datenschutzpartner.

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.

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