Data Policy

Responsibility for the Processing of Personal Data:

Grand Hotel Europe Lucerne

Haldenstrasse 59

6006 Lucerne 
personal@europe-luzern.ch
We would like to point out if there are other parties responsible for the processing of personal data in individual cases.


1.1 Data Protection Officer or Data Protection Advisor

We have the following Data Protection Officer or Data Protection Advisor as a contact point for affected individuals and authorities regarding enquiries related to data protection:

Claudia Wieler

Grand Hotel Europe Lucerne

Haldenstrasse 59

6006 Lucerne
personal@europe-luzern.ch

1.2 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 relating to the GDPR.

2.1 Definitions
Personal data are all details relating to an identified or identifiable natural person. A data subject is a person about whom we process personal data.

Processing includes any handling of personal data, regardless of the means and procedures used, such as querying, matching, adapting, archiving, storing, reading, disclosing, obtaining, recording, collecting, deleting, revealing, organising, structuring, saving, altering, distributing, linking, destroying, and using personal data.

The European Economic Area (EEA) comprises 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 handling of personal data as the processing of personal data.

2.2 Legal Basis
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).

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

• Art. 6 (1) lit. b GDPR for the necessary processing of personal data to fulfil a contract with the data subject as well as to carry out pre-contractual measures.
• Art. 6 Para. 1 Lit. f GDPR for the necessary processing of personal data to protect the legitimate interests of ourselves or third parties, provided that the fundamental freedoms and rights as well as the interests of the data subject do not prevail. Legitimate interests include in particular our interest in carrying out and communicating our activities and operations in a permanent, user-friendly, secure, and reliable manner, ensuring information security, protection against misuse, the 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 to fulfil a legal obligation to which we are subject in accordance with 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 the 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 the vital interests of the data subject or another natural person.

We process those personal data that are necessary to be able 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 and peripheral data, usage data, location data, sales data as well as contract and payment data.

We process personal data for the period of time required for the respective purpose or purposes or as legally required. Personal data that is no longer necessary to process will be anonymised 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 specialised 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. If and to the extent that 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 fulfil a contract, to comply with legal obligations or to safeguard overriding interests.

In this context, we in particular process information that a data subject voluntarily provides to us when contacting us – for example by postal mail, e-mail, instant messaging, contact form, social media or telephone – or when registering for a user account. We may store such information, for example, in an address book, in a Customer Relationship Management system (CRM system), or using comparable aids. If we receive data about other persons, the transmitting persons are obliged to ensure data protection towards these persons as well as to ensure the accuracy of this personal data.

Furthermore, we process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of exercising our activities and operations, provided that such processing is legally permissible.

We process personal data of applicants to the extent necessary for assessing suitability for an employment relationship or for the subsequent execution of an employment contract. The necessary personal data arises in particular from the information requested, for example within the scope of a job advertisement. We also process those personal data which applicants voluntarily provide or publish, especially as part of cover letters, CVs and other application documents as well as online profiles.

We process – insofar and to the extent the General Data Protection Regulation (GDPR) is applicable – personal data of applicants in particular in accordance with Art. 9 para. 2 lit. b GDPR.

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

We may export personal data to all countries and territories on Earth as well as elsewhere in the universe, provided that local law, according to a decision by the Swiss Federal Council, guarantees adequate data protection and – where and to the extent that the General Data Protection Regulation (GDPR) applies – in accordance with a decision by the European Commission guarantees adequate data protection.

We may transfer personal data to countries whose laws do not guarantee adequate data protection if data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or other appropriate safeguards. 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 data subjects or a direct connection with the conclusion or fulfilment of a contract. Upon request, we are happy to provide data subjects with information about any safeguards or to supply a copy of any safeguards.

6.1 Data Protection Claims
We grant data subjects all claims in accordance with the applicable data protection law. Data subjects

Individuals have the following rights in particular:

• Information: Data subjects may request information as to whether we process personal data concerning them, and if so, which personal data is involved. Data subjects will also receive the information necessary to assert their data protection rights and ensure transparency. This includes the personal data processed as such, but also details regarding the purpose of processing, the retention period, any disclosure or export of data to other countries, and the origin of the personal data.
• Correction and Restriction: Affected persons may correct incorrect personal data, complete incomplete data, and restrict the processing of their data.
• Deletion and Objection: Data subjects can have personal data deleted (“right to be forgotten”) and can object to the processing of their data with effect for the future.
• Data Disclosure and Data Transfer: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.

We may postpone, restrict, or refuse the exercise of the rights of data subjects within the legally permissible scope. We may inform data subjects of any prerequisites that must be met in order to exercise their data protection rights. For example, we may refuse to provide information wholly or partly by citing trade secrets or the protection of other individuals. Similarly, we may refuse the deletion of personal data wholly or partly by referring to statutory retention obligations.

Exceptionally, we may charge a fee for the exercise of these rights. We will inform data subjects in advance of any such costs.

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

6.2 Right to Complain
Data subjects have the right to enforce their data protection claims through the courts 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.

We implement appropriate technical and organisational measures to ensure data security commensurate with the respective risk. However, we cannot guarantee absolute data security.

Access to our website is secured by transport encryption (SSL / TLS, particularly with Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock icon in the address bar.

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

8.1 Cookies
We may use cookies. Cookies – both first-party cookies and third-party cookies from services we utilise – are data stored in the browser. Such stored data need not be limited to traditional text-form cookies.

Cookies can be temporarily saved in the browser 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 particularly enable the recognition of a browser on a subsequent visit to our website and thus, for example, the measurement of our website’s reach. Permanent cookies can also be used for online marketing, for instance.

Cookies can be fully or partially disabled and deleted at any time in the browser settings. Without cookies, our website may no longer be available in its full capacity. We request – at least insofar and as far as required – active and explicit consent for the use of cookies.

For cookies used for success and reach measurement or 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).

8.2 Server Log Files
We may record the following information for each access to our website, provided that this information 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 data volume transferred, 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 provide our website on a permanent, user-friendly, and reliable basis, as well as to ensure data security and in particular the protection of personal data – including by third parties or with the assistance of third parties.

8.3 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 in server log files.

We send notifications and messages via email and other communication channels such as instant messaging or SMS.

9.1 Success and Reach Measurement
Notifications and messages 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 capture the use of notifications and messages on a personal basis. We require this statistical data collection for success and reach measurement, in order to send notifications and messages effectively and user-friendly, as well as permanently, securely, and reliably, tailored to the needs and reading habits of the recipients.

9.2 Consent and Objection

You must generally give your explicit consent for the use of your e-mail address and other contact details, unless the use is permitted for other legal reasons. Wherever possible, we use the “Double Opt-in” procedure for any consent, meaning you will receive an e-mail with a web link which you must click to confirm, ensuring that no misuse by unauthorised third parties can occur. We may log such consents, including Internet Protocol (IP) address as well as date and time, for evidential and security reasons.

You may generally object to receiving notifications and messages, such as newsletters, at any time. By doing so, you can also object to the statistical recording of usage for success and reach measurement. Mandatory notifications and messages related to our operations and activities remain unaffected.

9.3 Service Providers for Notifications and Communications
We send notifications and communications with the help of specialised service providers.

We use in particular:

• Postmark: Platform for transactional emails; provider: AC PM LLC (USA); data protection information: Privacy Policy, “Security and Privacy”.

We are present on social media platforms and other online platforms to communicate with interested individuals 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 respective platform operators always apply. These provisions inform, in particular, about the rights of data subjects directly vis-à-vis the respective platform, such as the right to information.

For our social media presence on Facebook, including the so-called Page Insights, we are – 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 about how visitors interact with our Facebook presence. We use Page Insights to provide our Facebook social media presence effectively and in a user-friendly manner.

Further details regarding the nature, scope and purpose of data processing, information on the rights of data subjects, as well as contact details for Facebook and Facebook’s Data Protection Officer, can be found in Facebook’s privacy policy. We have entered into the so-called “Controller Addendum” with Facebook, thereby agreeing in particular that Facebook is responsible for ensuring the rights of affected individuals. Relevant information regarding the so-called Page Insights can be found on the “About Page Insights” page, including the “About Page Insights Data” section.

We use services from specialised third parties to be able to carry out our activities and operations permanently, user-friendly, securely and reliably. Such services allow us, among other things, to embed functions and content into our website. When embedding in this way, the services used, for technically necessary reasons, capture at least temporarily the Internet Protocol (IP) addresses of users.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data related to our activities and operations in an aggregated, anonymised or pseudonymised form. This may include, for example, performance or usage data in order to be able to provide the respective service.

We use in particular:

• Services by Google: Providers: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: “Principles on Data Protection and Security,” Privacy Policy, “Google is committed to compliance with applicable data protection laws,” “Guide to Data Protection in Google Products,” “How we use data from websites or apps where our services are used” (information from Google), “Types of cookies and other technologies used by Google,” “Personalised advertising” (activation / deactivation / settings).
• Services from Microsoft: Providers: Microsoft Corporation (USA) / Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), in Great Britain and in Switzerland; General information on data protection: “Data Protection at Microsoft”, “Privacy and Security (Trust Center)”, Privacy Statement, Privacy Dashboard (data and privacy settings).

11.1 Digital Infrastructure
We utilise services from specialised third parties in order to access the necessary digital infrastructure related to our activities and operations. This includes, for example, hosting and storage services from selected providers.

We use in particular:

METANET: Hosting; Provider: METANET AG (Switzerland); Data protection information: Privacy Policy, “Technical and organisational measures”.

11.2 Contact Options  
We use services from selected providers to communicate more effectively with third parties, such as potential and existing customers.

11.3 Audio and Video Conferences
We use specialised services for audio and video conferences to communicate online. This enables us, for example, to hold virtual meetings or conduct online lessons and webinars. Participation in audio or video conferences is also subject to the legal texts of the individual services, such as privacy policies and terms of use.

Depending on your personal situation, we recommend muting your microphone by default when participating in audio or video conferences, as well as blurring the background or displaying a virtual background.

We use in particular:

• Microsoft Teams: Platform for, among other things, audio and video conferences; provider: Microsoft; Teams-specific information: “Data protection and Microsoft Teams”.
• TeamViewer Meeting: Video conferences; Provider: TeamViewer Germany GmbH (Germany); Data protection information: Privacy Policy, “TeamViewer Trust Center”, “TeamViewer Data Protection Commitment”.
• Zoom: Video conferences; provider: Zoom Video Communications Inc. (USA); information on data protection: Privacy Policy, “Privacy at Zoom”, “Compliance Centre”.

11.4 Fonts

We use third-party services to embed selected fonts as well as icons, logos and symbols into our website.

We use in particular:

• Google Fonts: Fonts; Provider: Google; Google Fonts-specific information: «Privacy and Google Fonts», «Privacy and Data Collection».

11.5 Advertising

We take the opportunity to specifically advertise our activities and services on third-party platforms such as social media sites and search engines.

With such advertising, we aim primarily to reach individuals who are already interested in our activities and services or who might be interested (remarketing and targeting). To this end, we may transmit relevant – potentially also personal – data to third parties who enable such advertising. We can also determine whether our advertising is successful, in particular whether it leads to visits to our website (conversion tracking).

Third parties where we advertise, and where you are logged in as a user, may potentially associate your use of our website with your profile on their platform.

We use in particular:

• Facebook Advertising (Facebook Ads): Social media advertising; Providers: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); Data protection information: Remarketing and targeting, especially with the Facebook pixel as well as Custom Audiences including Lookalike Audiences, privacy policy, “ad preferences” (user registration required).
• Instagram Ads: Social Media advertising; providers: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); data protection information: remarketing and targeting especially with Facebook Pixel as well as Custom Audiences including Lookalike Audiences, privacy policy (Instagram), privacy policy (Facebook), “Ad Preferences” (Instagram) (user login required), “Ad Preferences” (Facebook) (user login required).
  
• LinkedIn Ads: Social media advertising; providers: LinkedIn Corporation (USA) / LinkedIn Ireland Unlimited Company (Ireland); data protection information: remarketing and targeting especially with the LinkedIn Insight Tag, «Data Protection», privacy policy, cookie policy, objection to personalised advertising.

We endeavour to analyse how our online offering is used. Within this framework, for example, we can 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 experiment with and compare how different parts or versions of our online offering are used (the “A/B testing” method). Based on the results of the success and reach measurement, we can in particular correct errors, strengthen popular content, or make improvements to our online offering.

For the success and reach measurement, in most cases the Internet Protocol (IP) addresses of individual users are stored. In this case, IP addresses are generally shortened (“IP masking”) to adhere to the principle of data minimisation through appropriate pseudonymisation.

Cookies may be used during the success and reach measurement, and user profiles may be created. Any user profiles created may include, for example, the individual pages visited or content viewed on our website, details of screen or browser window size, and the – at least approximate – location. As a rule, any user profiles are created solely in a pseudonymised form and are not used to identify individual users. Certain third-party services where users are logged in may potentially attribute usage of our online offering to the user account or user profile of the respective service.

We use in particular:

• 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 pseudonymised Internet Protocol (IP) addresses, which are only exceptionally fully transferred to Google in the USA, «Data protection», «Browser add-on to disable Google Analytics».

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

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