Data protection
1. Controller and Content of this Privacy Policy
We, the work and residential community of Schlosshotel Leuk, operate the Schlosshotel Leuk (Hotel) and the website www.schlosshotel-leuk.ch (Website) and, unless otherwise specified in this privacy policy, are responsible for the data processing listed in this privacy policy.
To ensure that you know which personal data we collect from you and for what purposes we use it, please take note of the following information. We adhere primarily to the legal requirements of Swiss data protection law, particularly the Federal Act on Data Protection (FADP), as well as the GDPR, whose provisions may be applicable in individual cases.
Please note that the following information may be reviewed and amended from time to time. Therefore, we recommend that you regularly review this privacy policy. Furthermore, for some of the data processing listed below, other companies are either independently or jointly responsible for data protection with us, so the information provided by these providers is also relevant in these cases.
2. Contact Person for Data Protection
If you have any questions about data protection or wish to exercise your rights, please contact our data protection officer by sending an email to the following address: datenschutz@schlosshotel-leuk.ch
3. Scope and Purpose of the Collection, Processing, and Use of Personal Data
3.1 Data Processing When Contacting Us
When you contact us via our contact addresses and channels (e.g., email, phone, or contact form), your personal data will be processed. This includes the data you provide to us, such as your name, email address, phone number, and your inquiry. Additionally, the time of receipt of the request is documented. Mandatory fields in contact forms are marked with an asterisk (*). We process this data to address your concern (e.g., providing information about our hotel, assisting with contract processing such as inquiries about your booking, incorporating your feedback to improve our services, etc.).
To handle contact requests via the contact form, we use a software application from Seekda GmbH, Neubaugasse 10/15, 1070 Vienna, Austria. Therefore, your data may be stored in a Seekda GmbH database, which can give Seekda GmbH access to your data if necessary for providing the software and supporting its use. Information on data processing by third parties and any possible transfer abroad can be found in Section 5 of this privacy policy.
Seekda GmbH may use some of this data for its own purposes (e.g., to send marketing emails or for statistical analyses). Seekda GmbH is responsible for this data processing and must ensure compliance with data protection laws regarding this data processing. Information on data processing by Seekda GmbH can be found at https://www.seekda.com/en/terms-and-conditions.
3.2 Data Processing for Bookings
3.2.1 Booking via Our Website
On our website, you have the opportunity to book an overnight stay. For this, we collect the following data, with mandatory fields marked with an asterisk (*) during the booking process:
- Salutation
- First name
- Last name
- Billing address
- Date of birth
- Company, company address, and VAT number for business customers
- Phone number
- Payment method
- Booking details
- Comments
- Confirmation of the accuracy of the provided information
- Confirmation of acknowledgment and agreement with the terms and conditions and privacy policy
We use this data to verify your identity before concluding a contract. We need your email address to confirm your booking and for future communication necessary for contract processing. We store your data along with the booking details (e.g., room category, stay period, service description, price, and features), payment data (e.g., selected payment method, payment confirmation and time; see also Section 3.7.2), and information on contract processing and fulfillment (e.g., receipt and handling of complaints) in our CRM database (see Section 4) to ensure correct booking processing and contract fulfillment.
If necessary for contract fulfillment, we will also share the required information with third-party service providers (e.g., event organizers or transport companies).
Providing data not marked as mandatory is voluntary. We process this data to tailor our offer to your personal needs as best as possible, to facilitate contract processing, to contact you via an alternative communication channel if necessary for contract fulfillment, or for statistical recording and evaluation to optimize our offers.
For booking processing via our website, we use a software application from Seekda GmbH, Neubaugasse 10/15, 1070 Vienna, Austria. Therefore, your data may be stored in a Seekda GmbH database, which can give Seekda GmbH access to your data if necessary for providing the software and supporting its use. Information on data processing by third parties and any possible transfer abroad can be found in Section 5 of this privacy policy.
Seekda GmbH may use some of this data for its own purposes (e.g., to send marketing emails or for statistical analyses). Seekda GmbH is responsible for this data processing and must ensure compliance with data protection laws regarding this data processing. Information on data processing by Seekda GmbH can be found at https://www.seekda.com/en/terms-and-conditions.
3.2.2 Booking via a Booking Platform
If you make bookings through a third-party platform (i.e., Booking, Hotel, Escapio, Expedia, Holidaycheck, Hotel Tonight, HRS, Kayak, Mr. & Mrs. Smith, Splendia, Tablet Hotels, Tripadvisor, Trivago, Weekend4Two, etc.), we receive various personal data related to the booking from the respective platform operator. This usually includes the data listed in Section 3.7.2 of this privacy policy. Additionally, any inquiries regarding your booking may be forwarded to us. We will process this data to record your booking as requested and to provide the booked services.
3.3 Data Processing for Payment Transactions
3.3.1 Payment Processing at the Hotel
When you purchase products, receive services, or pay for your stay at our hotel using electronic payment methods, the processing of personal data is necessary. By using the payment terminals, the information stored in your payment method, such as the cardholder’s name and card number, is transmitted to the involved payment service providers (e.g., payment solution providers, credit card issuers, and credit card acquirers). They also receive information that the payment method was used at our hotel, the amount, and the time of the transaction. Conversely, we only receive the credit for the amount of the successful payment at the respective time, which we can assign to the corresponding receipt number, or information that the transaction was not possible or was canceled. Always also consider the information provided by the respective company, particularly the privacy policy and the general terms and conditions.
Concardis nets group may use some of this data for its own purposes (e.g., sending marketing emails or statistical analysis). Concardis nets group is responsible for this data processing and must ensure compliance with data protection laws in connection with this data processing. Information on data processing by Concardis nets group can be found at https://www.concardis.com/ch-de/datenschutz.
3.4 Data Processing for Recording and Billing Services
If you receive services during your stay (e.g., additional overnight stays, wellness, restaurant, activities), in addition to your contract data, the booking data (e.g., time and comments) and the data related to the booked and received service (e.g., service item, price, and time of service receipt) will be recorded and further processed by us for service execution.
3.5 Data Processing When Using Our WiFi Network
In our hotel, you have the option to use the WiFi network operated by Ocom AG, Kantonsstrasse 51, 3902 Brig-Glis, Switzerland, free of charge. To prevent abuse and to sanction illegal behavior, prior registration is required. During this process, you transmit the following data to Ocom AG:
- Mobile phone number
- MAC address of the device (automatically)
In addition to the aforementioned data, data on the time and date of use, the network used, and the device are recorded each time the WiFi network is used. The legal basis for this processing is your consent in accordance with Art. 6 (1) (a) GDPR. You can withdraw this consent at any time for the future.
Ocom AG is responsible for this data processing. During registration, you give your consent to Ocom AG and must accept the terms of use and privacy policy of Ocom AG.
Ocom AG must comply with the legal obligations of the Federal Law on the Surveillance of Post and Telecommunications Traffic (BÜPF) and the associated ordinance. If the legal requirements are met, the operator of the WiFi network must monitor the use of the Internet or data traffic at the request of the competent authority. The operator of the WiFi network may also be required to disclose the contact, usage, and marginal data of the hotel guest to the authorized authorities. The contact, usage, and marginal data are stored for 6 months in a personalized manner and then deleted.
3.6 Data Processing to Fulfill Legal Reporting Obligations
Upon arrival at our hotel, we may need the following information from you and your companions, with mandatory fields marked with an asterisk (*) on the respective form:
- Salutation
- First and last name
- Billing address
- Date of birth
- Nationality
- Identity card or passport
- Arrival and departure day
We collect this information to fulfill legal reporting obligations that arise particularly from hospitality or police laws. If required by applicable regulations, we forward this information to the competent authority.
4. Central Data Storage and Analysis in the CRM System
If a clear assignment to your person is possible, we will store and link the data described in this privacy policy, i.e., in particular, your personal details, your contact information, your contract data, and your browsing behavior on our websites in a central database. This serves the efficient management of customer data, allows us to process your concerns adequately, and enables the efficient provision of the services you desire and the execution of the related contracts.
The legal basis for this data processing is our legitimate interest in accordance with Art. 6 (1) (f) GDPR in the efficient management of user data.
We also evaluate this data to develop our offers in a needs-oriented manner and to be able to display and suggest the most relevant information and offers to you. We also use methods that predict possible interests and future orders based on your use of our website.
For central data storage and analysis in the CRM system, we use a software application from HS/3 Hotelsoftware GmbH & Co. KG, Leonardo-da-Vinci-Weg 3, 32760 Detmold, Germany. Therefore, your data may be stored in a database of HS/3, which may allow HS/3 to access your data if necessary for providing the software and supporting its use. Information on data processing by third parties and possible transmission abroad can be found in section 5 of this privacy policy. Further information on data processing in connection with HS/3 can be found at https://www.hs3-hotelsoftware.de/datenschutz/.
5. Disclosure and Transfer Abroad
5.1 Disclosure to Third Parties and Third-Party Access
Without the support of other companies, we would not be able to provide our offers in the desired form. To utilize the services of these companies, the disclosure of your personal data to these companies is necessary to a certain extent. Disclosure is made to selected third-party service providers only to the extent necessary for the optimal provision of our services.
Your data is also disclosed if it is necessary to fulfill the services you requested, e.g., to restaurants or providers of other services for which you made a reservation through us. In these cases, the necessity to fulfill a contract in accordance with Art. 6 (1) (b) GDPR is the legal basis. These third-party service providers are responsible for these data processing operations under data protection law and not us. It is the task of these third-party service providers to inform you about their own data processing operations beyond the data transfer for service provision and to comply with data protection laws.
Furthermore, your data may be disclosed, particularly to authorities, legal advisors, or collection agencies if we are legally obliged to do so or if it is necessary to protect our rights, especially to enforce claims arising from our relationship with you. Data may also be disclosed if another company intends to acquire our company or parts thereof, and such disclosure is necessary for due diligence or for the execution of the transaction.
5.2 Transfer of Personal Data Abroad
We are entitled to transfer your personal data to third parties abroad if it is necessary for the data processing described in this privacy policy. Individual data transfers have been mentioned previously in section 3. We comply with the legal provisions on the disclosure of personal data to third parties. The countries to which data is transferred include those with an adequate level of data protection according to the Federal Council and the EU Commission (e.g., EEA member states or Switzerland from the EU’s perspective) and those with a level of data protection not considered adequate (e.g., the USA). If the country in question does not have an adequate level of data protection, we ensure that your data is adequately protected at these companies through appropriate guarantees unless an exception applies in individual cases (see Art. 49 GDPR). Unless otherwise specified, these are standard contractual clauses in accordance with Art. 46 (2) (c) GDPR, which can be accessed on the websites of the Federal Data Protection and Information Commissioner (FDPIC) and the EU Commission. If you have any questions about the measures taken, please contact our data protection contact person (see section 2).
5.3 Information on Data Transfers to the USA
Some third-party service providers mentioned in this privacy policy are based in the USA. For users residing in Switzerland or the EU, we point out that US authorities may take surveillance measures that generally enable the storage of all personal data of all persons whose data has been transferred from Switzerland or the EU to the USA. This is done without differentiation, limitation, or exception based on the objective pursued and without an objective criterion that allows limiting the access of US authorities to the data and its subsequent use to specific, strictly limited purposes that justify the associated intervention. We also point out that there are no effective legal remedies or effective judicial redress available in the USA for data subjects from Switzerland or the EU that would allow them to access their data, correct it, or delete it.
Users residing in Switzerland or an EU member state are additionally informed that, from the European Union’s and Switzerland’s perspective, the USA does not provide an adequate level of data protection, among other things, due to the explanations made in this section. If we have explained in this privacy policy that data recipients (such as Google) are based in the USA, we will ensure through contractual agreements with these companies and, if necessary, additional appropriate guarantees that your data is adequately protected with our third-party service providers.
6. Background Data Processing on our Website
7. Retention Periods
We only store personal data for as long as necessary to carry out the processing described in this privacy policy within the scope of our legitimate interests. For contract data, storage is mandated by legal retention obligations. Requirements obligating us to retain data arise from accounting regulations and tax laws. According to these regulations, business communications, completed contracts, and booking documents must be retained for up to 10 years. Once we no longer need this data to provide services to you, the data will be blocked. This means the data may only be used if necessary to fulfill retention obligations or to defend and enforce our legal interests. Data will be deleted as soon as no retention obligation or legitimate interest in retention exists anymore.
8. Data Security
We employ suitable technical and organizational security measures to protect your stored personal data from loss and unauthorized processing, including unauthorized access by third parties. Our employees and the service providers commissioned by us are obligated to maintain confidentiality and protect data privacy. Furthermore, access to personal data is only granted to these individuals to the extent necessary to fulfill their duties.
Our security measures are continuously adjusted in line with technological developments. However, transmitting information over the internet and electronic communication means always involves certain security risks, and therefore, we cannot provide an absolute guarantee for the security of information transmitted in this way.
9. Your Rights
If the legal prerequisites are met, you, as a data subject, have the following rights concerning data processing:
Right to Information:
You have the right to obtain information about your personal data stored by us at any time, free of charge, if we process this data. This gives you the opportunity to verify which personal data we process about you and whether we process it in accordance with applicable data protection regulations.
Right to Rectification:
You have the right to have incorrect or incomplete personal data corrected and to be informed about the correction. In this case, we will also inform recipients of the affected data about the adjustments made by us, unless this is impossible or involves disproportionate effort.
Right to Erasure:
Under certain circumstances, you have the right to request the deletion of your personal data. In individual cases, especially regarding legal retention obligations, the right to erasure may be excluded. In such cases, data may be blocked instead of deleted if the prerequisites are met.
Right to Restriction of Processing:
You have the right to request that the processing of your personal data be restricted.
Right to Data Portability:
You have the right to receive the personal data that you have provided to us in a readable format free of charge.
Right to Object:
You can object to data processing at any time, especially regarding data processing related to direct marketing (e.g., marketing emails).
Revocation right:
In principle, you have the right to withdraw any consent given at any time. However, the withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
To exercise these rights, please send us an email to the following address: datenschutz@schlosshotel-leuk.ch
Right to lodge a complaint:
You have the right to lodge a complaint with a supervisory authority, for example, regarding the manner in which your personal data is processed.