Legal & data protection

By using the website “www.berguen-filisur.ch” you agree to the following terms and conditions.

Privacy Policy

With this Privacy Policy, we inform you about the personal data we process in connection with our activities and tasks, including our berguen-filisur.graubuenden.ch-website. We particularly inform about what, how, and where we process personal data. We also inform about the rights of individuals whose data we process.

Additional privacy statements and other legal documents such as General Terms and Conditions (AGB), terms of use, or participation conditions may apply to individual or additional activities and tasks.

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

The European Commission recognized by Decision of 26 July 2000, that Swiss data protection law ensures adequate protection. With Report of 15 January 2024, the European Commission confirmed this adequacy decision.

1. Contact addresses

Responsible for the processing of personal data:

Bergün Filisur Tourismus AG
Veja Alvra 99
7482 Bergün

info@berguen-filisur.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.

1.1 Data Protection Officers or Data Protection Advisors

We have the following data protection officer(s) or advisor(s) as a contact point for affected persons and authorities for inquiries related to data protection:

Janine Westenberger and Niculin Josty
Bergün Filisur Tourismus AG
Veja Alvra 99
7482 Bergün

info@berguen-filisur.ch

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

info@berguen-filisur.ch

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

2. Terms and Legal Bases

2.1 Terms

Personal data are all information that refers to a specific or identifiable natural person.

Particularly sensitive personal data are data about union, political, religious, or philosophical views and activities, data concerning health, the intimate sphere, or membership in an ethnic or racial group, genetic data, biometric data that uniquely identifies a natural person, data on criminal and administrative sanctions or prosecutions, and data on social assistance measures.

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, saving, modifying, spreading, linking, destroying, and using personal data.

A data subject is a natural person whose personal data we process.

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

When applicable, and as far as 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 data subject or to carry out pre-contractual measures.
  • Art. 6 Para. 1 lit. f GDPR for the necessary processing of personal data to safeguard the legitimate interests of us or third parties, unless the fundamental freedoms and fundamental rights as well as interests of the data subject prevail. Legitimate interests include particularly our interest in carrying out our activities and tasks permanently, user-friendly, securely, and reliably and in communicating about it, ensuring information security, protection against misuse, enforcement of our own legal claims, and compliance with Swiss law.
  • Art. 6 Para. 1 lit. c GDPR for the necessary processing of personal data for compliance with a legal obligation to which we are subject according to possibly 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 of personal data with the consent of the data subject.
  • Art. 6 Para. 1 lit. d GDPR for the necessary processing of personal data to protect vital interests of the data subject or another natural person.

3. Type, Scope, and Purpose

We process those personal data that are necessary to carry out our activities and tasks permanently, user-friendly, securely, and reliably. Such personal data may particularly 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 necessary for the respective purpose or purposes or as required by law. Personal data that are no longer necessary for processing 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 persons. If and insofar as processing is permissible for other legal reasons, we may dispense with obtaining consent. For example, we may process personal data without consent in order to fulfill a contract, to comply with legal obligations, or to safeguard 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 tasks, if and insofar as such processing is permitted for legal reasons.

4. Communication

We process personal data in order to be able to communicate with third parties. In this context, we particularly process data transmitted by a data subject during contact, for example by mail or email. We may store such data in an address book or with similar aids.

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

5. Data Security

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

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

Our digital communication is subject to — like essentially all digital communication — 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 cannot directly influence the respective processing of personal data by intelligence agencies, police stations, and other security authorities. We also cannot rule out that individual affected persons may be targeted for surveillance.

6. Personal Data Abroad

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we may also export or transmit 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 and elsewhere in the universe, provided that the local law ensures adequate data protection according to the decision of the Swiss Federal Council and — as far 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 law does not ensure adequate data protection, provided that data protection is guaranteed for other reasons, especially on the basis of standard data protection clauses or with other appropriate guarantees. Exceptionally, we may export personal data to countries without adequate or appropriate data protection if the special data protection requirements are met, such as the explicit consent of the affected persons or a direct connection with the conclusion or processing 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.

7. Rights of Affected Persons

7.1 Data Protection Claims

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

  • Access: Affected persons can request information about whether we process personal data about them, and if so, which personal data. Affected persons also receive further information necessary to assert their data protection claims and ensure transparency. This includes the processed personal data as such, but also information about the purpose of processing, the duration of storage, any disclosure or export of data to other countries, and the source of the personal data.
  • Rectification and Restriction: Affected persons can correct inaccurate 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 Portability and Data Transfer: Affected persons can request the release of personal data or the transfer of their data to another controller.

We may postpone, limit, or deny the exercise of the rights of affected persons within the legally permissible framework. We may inform affected persons about any conditions to be met for the exercise of their data protection claims. 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 statutory retention obligations, in whole or in part.

We may exceptionally foresee costs for exercising the rights. We inform affected persons in advance about any potential costs.

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

7.2 Legal Protection

Affected persons have the right to enforce their data protection 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 persons 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 persons — as far as the General Data Protection Regulation (GDPR) is applicable — are organized as members of 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 — whether our own cookies (First-Party Cookies) or 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 text cookies.

Cookies can be stored in the browser temporarily as "Session Cookies" or for a specific period as so-called permanent cookies. "Session Cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage duration. Cookies enable, in particular, a browser to be recognized upon the next visit to our website and thereby, for example, measure the reach of our website. However, permanent cookies can also be used for online marketing.

Cookies can be disabled and deleted in the browser settings at any time, either wholly or in part. Without cookies, our website may not be fully available. We request — at least insofar and as long as required — explicit consent for the use of cookies.

For cookies used for performance and reach measurement or for advertising, a general objection ("Opt-out") is possible through several services such as AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance), or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

8.2 Logging

We may log each access to our website and other online presences with at least the following details, if such information is transmitted to our digital infrastructure during such accesses: 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, the specific sub-page of our website accessed including the amount of data transferred, the last webpage accessed in the same browser window (referrer).

We log such details, which can also constitute personal data, in log files. These details are necessary to provide our online presence permanently, user-friendly, and reliably. These details are 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—also from third parties whose services we use—typically consist of 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 recorded 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 may contain weblinks or tracking pixels that capture whether a single message has been opened and which weblinks have been clicked. Such weblinks and tracking pixels may also capture the use of notifications and communications on a personal basis. We require this statistical collection 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 recipients and in a permanent, secure, and reliable manner.

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" process for obtaining confirmed consent. In this case, you will receive a notification 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 oppose the statistical collection of usage for success and reach measurement. Necessary notifications and communications related to our activities and tasks are reserved.

9.3 Service Providers for Notifications and Communications

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

We use particularly:

10. Social Media

We are present on social media platforms and other online platforms to communicate with interested parties and to inform about our activities and tasks. 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 (AGB) and terms of use as well as 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 so-called Page Insights, we are—where and insofar as 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 (among others in the USA). The Page Insights provide information on how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook effectively and user-friendly.

Further information about the type, scope, and purpose of data processing, information on the rights of affected persons, and the 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, thereby agreeing, in particular, that Facebook is responsible for ensuring the rights of affected persons. 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".

11. Third-Party Services

We use services provided by specialized third parties to ensure that our activities and operations are carried out continuously, user-friendly, securely, and reliably. Among other things, these services allow us to embed functions and content into our website. For technical reasons, these services must at least temporarily capture the IP addresses of users when embedding.

For necessary security-related, statistical, and technical purposes, third parties whose services we utilize may process data related to our activities and operations in an aggregated, anonymized, or pseudonymized manner. These are, for example, performance or usage data necessary to provide the respective service.

We particularly use:

11.1 Digital Infrastructure

We use services provided by specialized third parties to obtain necessary digital infrastructure related to our activities and operations. These include, for example, hosting and storage services from selected providers.

11.2 Scheduling

We use services provided by specialized third parties to schedule appointments online, such as for meetings. In addition to this privacy policy, the conditions of the services used, such as terms of use or privacy policies, may also apply.

We particularly use:

11.3 Audio and Video Conferences

We utilize specialized services for audio and video conferences to communicate online. This allows us to conduct virtual meetings, online classes, and webinars. Legal texts of each service, such as privacy policies and terms of use, apply additionally for participation in audio and video conferences.

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

We particularly use:

11.4 Online Collaboration

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

We particularly use:

11.5 Mapping Material

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

We particularly use:

11.6 E-Commerce

We operate e-commerce and use third-party services to successfully offer services, content, or goods.

We particularly use:

11.7 Payments

We use specialized service providers to process payments from our customers safely and reliably. Additional legal texts of each service provider such as General Terms and Conditions (GTC) or Privacy Policies apply to the processing of payments.

We particularly use:

12. Success and Reach Measurement

We attempt to determine how our online offering is used. In this context, we may measure the success and reach of our activities and operations as well as the impact of third-party links to our website. We may also experiment with 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 measurements, we can fix errors, strengthen popular content, or make improvements to our online offering.

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

For success and reach measurements, cookies may be used, and user profiles created. Any created user profiles may include, for example, the individual pages visited or content viewed on our website, information on the size of screen or browser window, and the— at least approximate— location. Generally, any user profiles are created exclusively in a pseudonymized form and not used to identify individual users. Individual services of third parties, where users are logged in, may associate the use of our online offering with the user account or profile at the respective service.

We particularly use:

  • Google Analytics: Success and reach measurement; Provider: Google; Google Analytics-specific information: Measurement also across different browsers and devices (Cross-Device Tracking) as well as with pseudonymized IP addresses, which are only exceptionally transmitted in full to Google in the USA, "Privacy", "Browser Add-on to disable Google Analytics".
  • Google Tag Manager: Integration and management of other services for success and reach measurement and further services from Google as well as third parties; Provider: Google; Google Tag Manager-specific information: "Data collected with Google Tag Manager"; additional privacy information is available for each integrated and managed service.

13. Final Provisions

We have 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 manner, particularly by publishing the current version of the Privacy Policy on our website.