PRivacy policy

With this privacy policy, we inform you which personal data we process in connection with our activities and operations, including our website bargis-flims.ch. In particular, we inform you about the purposes, methods, and locations of our processing of personal data. We also inform you about the rights of individuals whose data we process.

For individual 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, where applicable, foreign data protection law such as 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

Responsibility for the processing of personal data:

Margrit Odermatt
Berghaus Bargis
7017 Flims Dorf

info@bargis-flims.ch

We will point out if, in individual cases, other parties are responsible for the processing of personal data.

2. Terms and Legal Bases

2.1 Terms

Personal data refers to all information relating to an identified or identifiable natural person. A data subject 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, matching, adjusting, archiving, storing, reading, disclosing, acquiring, recording, collecting, deleting, revealing, arranging, organizing, saving, modifying, disseminating, linking, destroying, and using personal data.

The European Economic Area (EEA) includes the member states of the European Union (EU) as well as Liechtenstein, Iceland, and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal information.

2.2 Legal Bases

We process personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (FADP) and the Ordinance on Data Protection (DPO).

Where and insofar as the General Data Protection Regulation (GDPR) applies, we process personal data on the basis of at least one of the following legal grounds:

• Art. 6 para. 1 lit. b GDPR: Processing necessary for the performance of a contract with the data subject or for pre-contractual measures.

• Art. 6 para. 1 lit. f GDPR: Processing necessary to safeguard our legitimate interests or those of third parties, provided that the fundamental freedoms and rights of the data subject do not prevail. Legitimate interests include, in particular, our interest in carrying out our activities and operations in a sustainable, user-friendly, secure, and reliable manner and being able to communicate about them, ensuring information security, protecting against misuse, enforcing our own legal claims, and complying with Swiss law.

• Art. 6 para. 1 lit. c GDPR: Processing necessary to comply with a legal obligation to which we are subject under applicable law of EEA member states.

• Art. 6 para. 1 lit. e GDPR: Processing necessary for the performance of a task carried out in the public interest.

• Art. 6 para. 1 lit. a GDPR: Processing based on the consent of the data subject.

• Art. 6 para. 1 lit. d GDPR: Processing necessary to protect the vital interests of the data subject or another natural person.

3. Type, Scope, and Purpose

We process the personal data necessary to carry out our activities and operations in a sustainable, user-friendly, secure, and reliable manner. Such personal data may fall into categories such as inventory and contact data, browser and device data, content data, metadata or peripheral data, usage data, location data, sales data, as well as contract and payment data.

We process personal data for as long as is necessary for the respective purpose(s) or as required by law. Personal data that is no longer required will be anonymized or deleted.

We may have personal data processed by third parties. We may process personal data jointly with third parties or transfer it 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 generally process personal data only with the consent of the data subjects. Where 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, comply with legal obligations, or safeguard overriding interests.

In this context, we process in particular information voluntarily provided by a data subject when contacting us—by postal mail, email, instant messaging, contact form, social media, or telephone—or when registering for a user account. We may store such information in an address book or similar tools. If we receive data about other persons, the transmitting persons are obliged to ensure data protection for these persons and to guarantee the accuracy of this 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, provided such processing is legally permissible.

4. 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 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 a decision of the Swiss Federal Council and—where and insofar as the GDPR applies—according to a decision of the European Commission.

We may transfer personal data to countries whose law does not ensure adequate data protection, provided that data protection is otherwise guaranteed, in particular on the basis of standard data protection clauses or other suitable safeguards. Exceptionally, we may export personal data to countries without adequate or suitable data protection if the special data protection requirements are met, for example with the explicit consent of the data subjects or in direct connection with the conclusion or performance of a contract. Upon request, we will gladly provide data subjects with information about any safeguards or supply a copy of such safeguards.

5. Rights of Data Subjects

5.1 Data Protection Claims

We grant data subjects all claims under applicable data protection 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 claims and ensure transparency. This includes the personal data processed as such, 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.

• Rectification and Restriction: Data subjects may have incorrect personal data corrected, incomplete data completed, and the processing of their data restricted.

• Erasure and Objection: Data subjects may have personal data deleted (“right to be forgotten”) and object to the processing of their data with effect for the future.

• Data Release and Transfer: 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 data subjects’ rights within the legally permissible framework. We may point out any requirements that must be met for the exercise of data protection claims. For example, we may refuse access wholly or partly with reference to trade secrets or the protection of other persons. We may also refuse the deletion of personal data wholly or partly with reference to statutory retention obligations.

We may exceptionally provide for costs in connection with the exercise of rights. We will inform data subjects in advance of any costs.

We are obliged to identify data subjects who request access or assert other rights with appropriate measures. Data subjects are obliged to cooperate.

5.2 Right to Lodge a Complaint

Data subjects have the right to enforce their data protection claims through legal proceedings or to lodge a complaint with a competent 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).

Data subjects – insofar as and to the extent that the General Data Protection Regulation (GDPR) applies – have the right to lodge a complaint with a competent European data protection supervisory authority.

6. Data Security

We take appropriate technical and organizational measures to ensure data security appropriate to the respective risk. However, we cannot guarantee absolute data security.

Access to our website is provided via transport encryption (SSL / TLS, in particular with Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock symbol in the address bar.

Our digital communication is subject – as is essentially all digital communication – to mass surveillance without cause or suspicion as well as other monitoring by security authorities in Switzerland, elsewhere in Europe, in the United States of America (USA), and in other countries. We have no direct influence on the corresponding processing of personal data by intelligence services, police authorities, and other security agencies.

7. Use of the Website

7.1 Cookies

We may use cookies. Cookies – both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data stored in the browser. Such stored data need not be limited to traditional text-form cookies.

Cookies may 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 defined storage duration. 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 may also be used for online marketing.

Cookies can be deactivated or deleted in whole or in part at any time in the browser settings. Without cookies, our website may no longer be fully available. We actively request – at least insofar as and to the extent required – explicit consent to the use of cookies.

For cookies used for performance and reach measurement or for advertising, a general 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).

7.2 Server Log Files

For each access to our website, we may collect the following information, provided it is transmitted by your browser to our server infrastructure or can be determined by our web server: date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, and the last webpage accessed in the same browser window (referrer).

We store such information, which may also constitute personal data, in server log files. This information is necessary to permanently, user-friendly, and reliably provide our website and to ensure data security and thereby, in particular, the protection of personal data – also by third parties or with the help of third parties.

7.3 Tracking Pixels

We may use tracking pixels on our website. Tracking pixels are also referred to as web beacons. Tracking pixels – including those from third parties whose services we use – are small, usually invisible images that are automatically retrieved when visiting our website. Tracking pixels can capture the same information as server log files.

8. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested persons and to inform them about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC), 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 – insofar as and to the extent that the General Data Protection Regulation (GDPR) applies – are jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta group of 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 manner.

Further information about the type, scope, and purpose of data processing, information about the rights of data subjects, as well as the contact details of Facebook and Facebook’s data protection officer can be found in Facebook’s privacy policy. We have concluded the so-called “Controller Addendum” with Facebook and have thereby agreed, in particular, that Facebook is responsible for ensuring the rights of data subjects. For Page Insights, the relevant information can be found on the page “Information about Page Insights” including “Information about Page Insights Data.”

9. Services of Third Parties

We use services from specialized third parties to carry out our activities and operations in a sustainable, user-friendly, secure, and reliable manner. With such services, we can embed functions and content into our website. In the case of such embedding, the services used necessarily collect at least temporarily the Internet Protocol (IP) addresses of users for technical reasons.

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 provide the respective service.

We particularly use:

• Google Services: Providers: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: “Privacy and Security Principles,” Privacy Policy, “Google’s commitment to compliance with applicable data protection laws,” “Privacy Guide in Google Products,” “How we use data from websites or apps that use our services” (Google information), “Types of cookies and other technologies used by Google,” “Personalized advertising” (activation / deactivation / settings).

9.1 Digital Infrastructure

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

9.2 Maps

We use services from third parties 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.”

9.3 Digital Audio and Video Content

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

We particularly use:

• Vimeo: Video platform; Provider: Vimeo Inc. (USA); Privacy information: Privacy Policy, “Privacy.”

• YouTube: Video platform; Provider: Google; YouTube-specific information: “Privacy and Security Center,” “My Data on YouTube.”

10. 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 test 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 correct errors, strengthen popular content, or make improvements to our online offering.

For success and reach measurement, the Internet Protocol (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 corresponding pseudonymization.

Cookies may be used and user profiles may be created for success and reach measurement. Any user profiles created may include, for example, the individual pages visited or content viewed on our website, information about the size of the screen or browser window, and the – at least approximate – location. In principle, any user profiles are created exclusively in pseudonymized form and are not used to identify individual users. Certain third-party services, where users are registered, may potentially associate the use of our online offering 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 also across different browsers and devices (cross-device tracking) as well as with pseudonymized Internet Protocol (IP) addresses, which are only exceptionally fully transmitted to Google in the USA, “Privacy,” “Browser add-on to deactivate Google Analytics.”

• Google Tag Manager: Integration and management of other services for success and reach measurement as well as other services from Google and third parties; Provider: Google; Google Tag Manager-specific information: “Data collected with Google Tag Manager”; further privacy information can be found in the individual integrated and managed services.

11. Final Provisions

We created this privacy policy using the privacy policy generator from Datenschutzpartner.

We may amend and supplement this privacy policy at any time. We will inform about such amendments and supplements in an appropriate manner, in particular by publishing the current privacy policy on our website.