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Privacy Policy

With this Privacy Policy, we provide information about the processing of personal data in connection with our activities and operations, including our website under the domain name hotpot-brienz.ch. In particular, we provide information about which personal data we process, for what purpose, in what manner and where. We also provide information about the rights of persons whose data we process.

We have prepared this Privacy Policy in German. If it is published in another language, the German-language Privacy Policy shall prevail.

We may publish further privacy policies or other information on data protection for individual or additional activities and operations.

We are subject to Swiss law and, where applicable, foreign law, in particular that of the European Union (EU) with the European General Data Protection Regulation (GDPR).

With its decision of 26 July 2000, the European Commission recognised that Swiss data protection law ensures an adequate level of data protection. In its report of 15 January 2024, the European Commission confirmed this adequacy decision.

1. Contact addresses

The controller within the meaning of data protection law is:

Simon Kunz
Brienz Tourismus
Hauptstrasse 143
CH - 3855 Brienz

simon.kunz@brienz-tourismus.ch

In individual cases, third parties may be responsible for the processing of personal data, or joint responsibility with third parties may exist. Upon request, we will be pleased to provide data subjects with information about the respective responsibility.

Data protection representative in the European Economic Area (EEA)

We have the following data protection representative in accordance with Art. 27 GDPR:

VGS Datenschutz­partner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany

info@datenschutzpartner.eu

The data protection representative serves as an additional point of contact for data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) for enquiries in connection with the GDPR.

2. Terms and legal bases

2.1 Terms

Data subject: A natural person whose personal data we process.

Personal data: All information relating to an identified or identifiable natural person.

Special categories of personal data: Data concerning trade union, political, religious or philosophical views and activities, data concerning health, private life or membership of an ethnic group or race, genetic data, biometric data that uniquely identifies a natural person, data concerning criminal and administrative sanctions or prosecutions, and data concerning social assistance measures.

Processing: Any handling of personal data, regardless of the means and procedures used, for example querying, comparing, adapting, archiving, retaining, retrieving, disclosing, obtaining, recording, collecting, deleting, revealing, arranging, organising, storing, modifying, disseminating, linking, destroying and using personal data.

European Economic Area (EEA): Member States of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway.

2.2 Legal bases

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

We process – insofar as and to the extent that the European General Data Protection Regulation (GDPR) applies – personal data in accordance with at least one of the following legal bases:

  • Art. 6(1)(b) GDPR for the necessary processing of personal data for the performance of a contract with the data subject and for carrying out pre-contractual measures.
  • Art. 6(1)(f) GDPR for the necessary processing of personal data in order to safeguard legitimate interests – including the legitimate interests of third parties – unless the fundamental freedoms and rights and interests of the data subject prevail. Such interests include, in particular, the sustainable, user-friendly, secure and reliable operation of our activities and operations, ensuring information security, protection against misuse, enforcement of our own legal claims and compliance with Swiss law.
  • Art. 6(1)(c) GDPR for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
  • Art. 6(1)(e) GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6(1)(a) GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6(1)(d) GDPR for the necessary processing of personal data in order to protect vital interests of the data subject or another natural person.
  • Art. 9(2) et seq. GDPR for the processing of special categories of personal data, in particular with the consent of the data subjects.

The European General Data Protection Regulation (GDPR) refers to the processing of personal data as processing of personal data and to the processing of special categories of personal data as processing of special categories of personal data (Art. 9 GDPR).

3. Type, scope and purpose of processing personal data

We process such personal data as is necessary to enable us to carry out our activities and operations in a sustainable, user-friendly, secure and reliable manner. The personal data processed may in particular fall into the categories of browser and device data, content data, communication data, metadata, usage data, master data including inventory and contact data, location data, transaction data, contract data and payment data. Personal data may also constitute special categories of personal data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, insofar as such processing is permitted.

Where necessary, we process personal data with the consent of the data subjects. In many cases, we may process personal data without consent, for example in order to fulfil legal obligations or safeguard overriding interests. We may also ask data subjects for their consent when their consent is not required.

We process personal data for the duration required for the respective purpose. We anonymise or delete personal data, in particular depending on statutory retention and limitation periods.

4. Disclosure of personal data

We may disclose personal data to third parties, have it processed by third parties or process it jointly with third parties. Such third parties may, for example, be specialised providers whose services we use. Such third parties may in turn disclose personal data to third parties.

In the context of our activities and operations, we may in particular disclose personal data to banks and other financial service providers, authorities, educational and research institutions, consultants and lawyers, accounting and fiduciary service providers, debt collection companies, interest groups, IT service providers, cooperation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, parent, sister and subsidiary companies, organisations and associations, social institutions, telecommunications companies, insurance companies and payment service providers.

5. Communication

We process personal data in order to communicate with individuals as well as with authorities, organisations and companies. In doing so, we process in particular data that a data subject provides to us when making contact, for example by post or email. We may store such data in an address book or using comparable tools.

Third parties who provide us with data about other persons are legally obliged to independently ensure the data protection of those data subjects. In particular, they must ensure that they are permitted to transmit such data and that the transmitted data are accurate.

6. Data security

We take appropriate technical and organisational measures to ensure data security appropriate to the respective risk. In particular, our measures ensure the confidentiality, availability, traceability and integrity of the personal data processed, although we cannot guarantee absolute data security.

Access to our website and our other digital presence takes place using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers warn against visiting a website without transport encryption.

Our digital communication is subject – as is in principle all digital communication – to mass surveillance without cause or suspicion by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We have no direct influence on the corresponding processing of personal data by intelligence services, police authorities and other security authorities. Nor can we exclude the possibility that a data subject is specifically monitored.

7. Personal data abroad

We process personal data in principle in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it or have it processed there.

We may export personal data to all countries on Earth and elsewhere in the universe, provided that the law there ensures adequate data protection pursuant to a decision of the Swiss Federal Council and – insofar as and to the extent that the General Data Protection Regulation (GDPR) applies – also pursuant to a decision of the European Commission.

We may transfer personal data to countries whose law does not ensure adequate data protection if data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or with other appropriate safeguards. In exceptional cases, we may export personal data to countries without adequate or appropriate data protection if the special data protection requirements are met, for example the explicit consent of the data subjects or a direct connection with the conclusion or performance of a contract. Upon request, we will be pleased to provide data subjects with information about any safeguards or provide a copy of any safeguards.

8. Rights of data subjects

8.1 Data protection claims

We grant data subjects all claims in accordance with applicable law. In particular, data subjects have the following rights:

  • Information: Data subjects may request information as to whether we process personal data relating to them and, if so, what personal data is involved. Data subjects also receive the information required to assert their data protection claims and to ensure transparency. This includes the processed personal data itself, but also, among other things, information on the purpose of processing, the duration of retention, any disclosure or export of data to other countries and the origin of the personal data.
  • Rectification and restriction: Data subjects may have inaccurate personal data rectified, incomplete data completed and the processing of their data restricted.
  • Opportunity to state their own position and human review: In the case of decisions based exclusively on automated processing of personal data which have legal effects concerning them or similarly significantly affect them (automated individual decisions), data subjects may state their own position and request review by a human being.
  • Erasure and objection: Data subjects may have personal data erased («right to be forgotten») and object to the processing of their data with effect for the future.
  • Data release and data portability: Data subjects may request the release of personal data or the transfer of their data to another controller.

We may defer, restrict or refuse the exercise of data subjects' rights within the legally permissible framework. We may inform data subjects of any requirements that need to be met in order to exercise their data protection claims. For example, we may refuse information in whole or in part with reference to confidentiality obligations, overriding interests or the protection of other persons. We may also refuse the erasure of personal data in whole or in part, in particular with reference to statutory retention obligations.

In exceptional cases, we may charge costs for exercising rights. We inform data subjects in advance of any costs.

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

8.2 Legal protection

Data subjects have the right to enforce their data protection claims through legal proceedings or to file a report or complaint with a data protection supervisory authority.

The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

European data protection supervisory authorities are organised 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.

9. Use of the website

9.1 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-based cookies.

Cookies may be stored temporarily in the browser as «session cookies» or for a specific period as so-called persistent cookies. «Session cookies» are automatically deleted when the browser is closed. Persistent cookies have a specific storage period. In particular, cookies enable a browser to be recognised when it next visits our website and thus, for example, allow us to measure the reach of our website. Persistent cookies may also be used for online marketing, for example.

Cookies can be deactivated, restricted or deleted in whole or in part at any time in the browser settings. Browser settings often also allow the automated deletion and other management of cookies. Without cookies, our website may no longer be fully available. We actively request express consent to the use of cookies – at least insofar as and to the extent required under applicable law.

For cookies used for performance and reach measurement or for advertising, a general objection («opt-out») is possible for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

9.2 Logging

For each access to our website and our other digital presence, we may log at least the following information, insofar as it is routinely determined or transmitted to our digital infrastructure during such access: date and time including time zone, IP address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual subpage of our website accessed including amount of data transferred, most recently accessed webpage in the same browser window (referrer).

We log such information, which may also constitute personal data, in log files. The information is necessary to enable us to provide our digital presence in a sustainable, user-friendly and reliable manner. The information is also necessary to ensure data security – including by third parties or with the help of third parties.

9.3 Tracking pixels

We may integrate tracking pixels into our digital presence. Tracking pixels are also referred to as web beacons. Tracking pixels – including those of third parties whose services we use – are usually small, invisible images or scripts formulated in JavaScript that are automatically retrieved when our digital presence is accessed. Tracking pixels can collect at least the same information as is logged in log files.

10. Notifications and communications

10.1 Performance and reach measurement

Notifications and communications may contain web links or tracking pixels that record whether an individual communication has been opened and which web links have been clicked. Such web links and tracking pixels may also record the use of notifications and communications on a personal basis. We require this statistical recording of use for performance and reach measurement in order to be able to send notifications and communications effectively, in a user-friendly manner and sustainably, securely and reliably based on the needs and reading habits of recipients.

10.2 Consent and objection

You must generally consent to the use of your email address and other contact addresses, unless such use is permitted for other legal reasons. To obtain double-confirmed consent, we may use the «double opt-in» procedure. In this case, you will receive a message with instructions for double confirmation. We may log consents obtained, including IP address and timestamp, for evidential and security reasons.

You may generally object to receiving notifications and communications, such as newsletters, at any time. By making such an objection, you may at the same time object to the statistical recording of use for performance and reach measurement. This does not affect 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 assistance of specialised service providers.

In particular, we use:

11. Social Media

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

The general terms and conditions and terms of use, privacy policies and other provisions of the individual operators of such platforms also apply. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, including, for example, the right to information.

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

Further information on the type, scope and purpose of data processing, information on the rights of data subjects 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 and have in particular agreed that Facebook is responsible for ensuring the rights of data subjects. The relevant information for so-called Page Insights can be found on the page «Page Insights Information», including «Page Insights Data Information».

12. Third-party services

We use services from specialised third parties in order to carry out our activities and operations in a sustainable, user-friendly, secure and reliable manner. Among other things, such services enable us to embed functions and content in our website. In the case of such embedding, the services used collect the IP addresses of users at least temporarily for technically necessary 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, anonymised or pseudonymised form. This may include performance or usage data, for example, in order to provide the respective service.

In particular, we use:

12.1 Digital infrastructure

We use services from specialised third parties in order to make use of the required digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

In particular, we use:

12.2 Maps

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

In particular, we use:

12.3 Digital content

We use services from specialised third parties in order to embed digital content in our website. Digital content includes in particular image and video material, music and podcasts.

In particular, we use:

13. Website extensions

We use extensions for our website in order to use additional functions. We may use selected services from suitable providers or use such extensions on our own digital infrastructure.

In particular, we use:

  • Google reCAPTCHA: bot protection (distinguishing between desired activities by people and undesired activities by bots); provider: Google; Google reCAPTCHA-specific information: «What is reCAPTCHA?».

14. Performance and reach measurement

We seek to measure the success and reach of our activities and operations. Within this framework, we may also measure the effect of references by third parties or examine how different parts or versions of our digital presence are used («A/B testing» method). Based on the results of performance and reach measurement, we may in particular correct errors, strengthen popular content or make improvements.

For performance and reach measurement, the IP addresses of individual users are recorded in most cases. In this case, IP addresses are generally shortened («IP masking») in order to follow the principle of data minimisation through the corresponding pseudonymisation.

Cookies may be used and user profiles may be created for performance and reach measurement. Any user profiles created include, for example, the individual pages visited or content viewed on our digital presence, information about the size of the screen or browser window and the – at least approximate – location. In principle, any user profiles are created exclusively in pseudonymised form and are not used to identify individual users. Individual third-party services with which users are registered may be able to associate the use of our online offering with the user account or user profile for the respective service.

In particular, we use:

15. Final information on this Privacy Policy

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

We may update this Privacy Policy at any time. We provide information about updates by publishing the current Privacy Policy on our website.