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 thegate-hotel.ch. In particular, we provide information about what personal data we process, for what purpose, in what manner, and where. We also provide information about the rights of individuals whose data we process.
We have drafted this privacy policy in German. If it is published in another language, the German-language privacy policy shall prevail.
For specific or additional activities and operations, we may publish further privacy policies or other information regarding data protection.
We are subject to Swiss law as well as any applicable foreign law, in particular that of the European Union (EU), including the European General Data Protection Regulation (GDPR).
The European Commission recognized with Decision of July 26, 2000, that Swiss data protection law ensures adequate data protection. With Report dated January 15, 2024 The European Commission confirmed this adequacy decision.
1. contact addresses
The data controller, as defined by data protection law, is:
ARGU-BAU AG
Main Street 69
9434 Au
Switzerland
In certain cases, third parties may be responsible for the processing of personal data, or there may be shared responsibility with third parties. Upon request, we are happy to provide data subjects with information regarding the respective responsibility.
Data Protection Representative in the European Economic Area (EEA)
We have the following data protection representation in accordance with Art. 27 of the GDPR:
VGS Datenschutzpartner GmbH
69 Kaiserkai
20457 Hamburg
Germany
The Data Protection Authority serves data subjects and public authorities in the European Union (EU) and the rest of the European Economic Area (EEA) as additional Contact point for inquiries in connection with the GDPR.
2. terms and legal bases
2.1 Terms
Person concerned: Natural person about whom we process personal data.
Personal data: All Information relating to an identified or identifiable natural person.
Particularly sensitive personal data: Data concerning trade union, political, religious or philosophical opinions and activities, data concerning health, privacy or racial or ethnic origin, genetic data, biometric data uniquely identifying a natural person, data concerning criminal or administrative sanctions or prosecutions, and data concerning social assistance measures.
Edit: Everyone Handling of personal data, independent the means and procedures used, such as the retrieval, comparison, adaptation, archiving, storage, reading, disclosure, procurement, collection, recording, erasure, disclosure, structuring, organization, storage, modification, dissemination, linking, destruction and use of 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 basis
We process personal data in accordance with Swiss law, in particular the Federal Act on Data Protection (Data Protection Act, DSG) and the Ordinance on data protection (Data Protection Regulation, DSV).
We process—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) of the GDPR for the necessary processing of personal data for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
- Art. 6(1)(f) of the GDPR for the necessary processing of personal data to safeguard legitimate interests—including the legitimate interests of third parties—unless the fundamental freedoms, fundamental rights, and interests of the data subject take precedence. Such interests include, in particular, the sustainable, people-oriented, secure, and reliable conduct of our activities and operations; ensuring information security; protection against misuse, the enforcement of our own legal claims, and compliance with Swiss law.
- Art. 6(1)© of the GDPR for the processing of personal data necessary to comply with a legal obligation to which we are subject under the applicable laws of Member States of the European Economic Area (EEA).
- Art. 6(1)(e) of the GDPR for the processing of personal data necessary for the performance of a task carried out in the public interest.
- Art. 6(1)(a) of the GDPR for the processing of personal data with the consent of the data subject.
- Art. 6(1)(d) of the GDPR for the necessary processing of personal data in order to protect the vital interests of the data subject or of another natural person.
- Art. 9, para. 2 et seq. of the 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 handling of personal data as the processing of personal data and the handling of sensitive personal data as the processing of special categories of personal data (Art. 9 of the GDPR).
3. nature, scope and purpose of the processing of personal data
We process the personal data that required are necessary to enable us to carry out our activities and operations in a sustainable, people-friendly, secure, and reliable manner. The personal data processed includes, in particular, the following categories: browser and device data, content data, communication data, metadata, usage data, master data (including profile and contact information), location data, transaction data, contract data, and payment data. The personal data may also constitute special-category personal data.
We also process personal data that we receive from third parties, obtain from publicly available sources, or collect in the course of our activities and operations, to the extent that such processing is permitted.
We process personal data, where necessary, with the consent of the data subjects. In many cases, we may process personal data without consent, for example, to comply with legal obligations or to protect legitimate interests. We may also ask data subjects for their consent even when their consent is not required.
We process personal data for Durationrequired for the respective purpose. We anonymize or delete personal data in particular depending on statutory retention and limitation periods.
4. Automation and Artificial Intelligence (AI)
We may process personal data automatically or use artificial intelligence to process personal data.
We may use profiling to automatically evaluate certain personal aspects relating to data subjects. Profiling is used, for example, to analyze or predict interests, behaviors, or personal preferences.
We will provide information on a case-by-case basis regarding decisions that are based solely on the automated processing of personal data and that have legal consequences for the individuals concerned or significantly affect them (automated individual decisions).
5. Disclosure of Personal Data
We may process personal data disclose to third parties, have it processed by third parties, or process it jointly with third parties. Such third parties may include, for example, specialized providers whose services we use. These third parties, in turn, may disclose personal data to other third parties.
We may disclose personal data in the course of our activities and operations, in particular to banks and other financial service providers, government agencies, educational and research institutions, consultants and attorneys, accounting and fiduciary service providers, debt collection agencies, advocacy groups, IT service providers, cooperation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, parent companies, sister companies, and subsidiaries, organizations and associations, social institutions, telecommunications companies, insurance companies, and payment service providers.
6. Communication
We process personal data in order to communicate with individuals as well as with government agencies, organizations, and companies. In particular, we process data that a data subject provides to us when contacting us, for example, by mail or email. We may store such data in an address book or using similar tools.
Third parties who provide us with data about other individuals are legally obligated to independently ensure the data protection of those individuals. In particular, they must ensure that they are authorized to transfer such data and must also guarantee the accuracy of the data transferred.
We use selected services from appropriate providers to facilitate and improve communication with individuals and other communication partners. We may also use such services to manage and otherwise process the data of data subjects beyond the scope of direct communication, for example in connection with orders, services, projects, and resource planning.
7. Data Security
We take appropriate technical and organizational measures to ensure data security appropriate to the respective risk. With our measures, we guarantee in particular the confidentiality, availability, traceability and integrity of the processed personal data, without being able to guarantee absolute data security.
Access to our website and our other digital platforms is secured using transport encryption (SSL / TLSespecially with the Hypertext Transfer Protocol Secure, abbreviated to HTTPS). Most browsers warn users against visiting a website without transport encryption.
Our digital communication is subject to—just as basically all digital communications—mass surveillance without cause or suspicion by security agencies 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 agencies, police departments, and other security agencies. Nor can we rule out the possibility that a data subject may be specifically monitored.
8. Personal Data Abroad
We process personal data basically in Switzerland and 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 there.
We may transfer personal data to all Countries of the World and elsewhere in the Universe export, provided that the local law according to Resolution of the Swiss Federal Council and—if and to the extent that the General Data Protection Regulation (GDPR) applies—also in accordance with Decision of the European Commission ensures adequate data protection.
We may transfer personal data to countries whose laws do not provide adequate data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or other appropriate safeguards. In exceptional cases, we may export personal data to countries without adequate or appropriate data protection if the specific legal requirements under data protection law are met, such as the explicit consent of the data subjects or a direct connection to the conclusion or performance 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.
9. Rights of Data Subjects
9.1 Claims under Data Protection Law
We grant data subjects all rights provided for under applicable law. In particular, data subjects have the following rights:
- Information: Data subjects can request information as to whether we process personal data about them and, if so, what personal data is involved. Data subjects also receive the information required to assert their data protection claims and ensure transparency. This includes the processed personal data 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.
- Correction and limitation: Data subjects can have incorrect personal data corrected, incomplete data completed and the processing of their data restricted.
- Opportunity to form one’s own point of view and to exercise human judgment: Data subjects may, in the case of decisions that are based solely on the automated processing of personal data and that result in legal consequences for them or significantly affect them (automated individual decisions), present their own point of view and request a review by a human.
- Deletion and objection: Data subjects can have their personal data deleted (“right to be forgotten”) and object to the processing of their data with effect for the future.
- Data output and data transmission: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.
We may defer, restrict, or deny the exercise of data subjects’ rights to the extent permitted by law. We may inform data subjects of any prerequisites that must be met in order to exercise their rights under data protection law. For example, we may refuse to provide information in whole or in part, citing confidentiality obligations, overriding interests, or the protection of other individuals. We may also, for example, refuse to delete personal data, in whole or in part, particularly by citing statutory retention obligations.
We may be responsible for exercising the rights exceptionally Provide for costs. We will inform affected persons of any costs in advance.
We are obliged to take appropriate measures to identify data subjects who request information or assert other rights. Data subjects are obliged to cooperate.
9.2 Legal Protection
Data subjects have the right to enforce their data protection claims by taking legal action or to lodge a complaint with a data protection supervisory authority.
The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Swiss Federal Data Protection and Information Commissioner (EDÖB).
European data protection supervisory authorities are known as Members of the European Data Protection Board (EDSA). In some member states of the European Economic Area (EEA), the data protection supervisory authorities have a federal structure, especially in Germany.
10. Use of the Website
10.1 Cookies
We may use cookies. Cookies—including 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 is not necessarily limited to traditional text-based cookies.
Cookies can be stored temporarily in the browser as «session cookies» or for a specific period of time as so-called «persistent cookies.» “Session cookies” are automatically deleted when the browser is closed. Persistent cookies have a specific retention period. In particular, cookies make it possible to recognize a browser the next time it visits our website and, for example, to measure our website’s reach. However, persistent cookies can also be used for online marketing, for example.
Cookies can be disabled, restricted, or deleted—either in whole or in part—at any time in your browser settings. Browser settings often also allow for the automatic deletion and other management of cookies. Without cookies, our website may no longer be fully available. We actively seek your express consent to the use of cookies—at least to the extent required by applicable law.
10.2 Logging
For every visit to our website and our other digital platforms, we may log at least the following information, provided that this information is automatically collected or transmitted to our digital infrastructure during such visits: 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 pages accessed on our website, including the amount of data transferred, the last webpage visited in the same browser window (referrer).
We record such information—which may also constitute personal data—in log files. This information is necessary to ensure that our digital presence remains available on a long-term basis in a user-friendly and reliable manner. This information is also necessary to ensure data security—including through third parties or with the assistance of third parties.
10.3 Pixel Count
We can incorporate tracking pixels into our digital presence. Tracking pixels are also known as web beacons. Tracking pixels—including those from third parties whose services we use—are typically small, invisible images or JavaScript scripts that are automatically loaded when you access our digital presence. Tracking pixels can be used to collect at least the same information as is recorded in log files.
11. Notices and Announcements
11.1 Measuring Success and Reach
Notifications and messages may contain web links or tracking pixels that track whether an individual message has been opened and which web links were clicked within it. Such web links and tracking pixels may also track the use of notifications and messages on a personal basis. We require this statistical tracking of usage to measure effectiveness and reach so that we can send notifications and messages in a way that is effective, user-friendly, sustainable, secure, and reliable, based on the needs and reading habits of the recipients.
11.2 Consent and Objection
You must basically consent to the use of your email address and other contact information, unless such use is permitted for other legal reasons. To obtain double-confirmed consent, if necessary, we may use the «double opt-in» procedure. In this case, you will receive a message with instructions for double confirmation. We may use the consent obtained, including IP address and Timestamp Record this for evidentiary and security purposes.
You can basically object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical recording of usage for performance and reach measurement. Required notifications and communications in connection with our activities and operations remain reserved.
12. Social Media
We are present on social media platforms and other online platforms in order to communicate with interested persons and to provide information about our activities and operations. 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 (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such platforms also apply in each case. These provisions inform in particular about the rights of data subjects directly vis-à-vis the respective platform, which includes, for example, the right to information.
For our Social media presence on Facebook Including the so-called Page Insights, we are—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-company (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 in an effective and user-friendly way.
Further information on the nature, 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. With Facebook, we have the so-called “Addition for responsible persons” and thus agreed in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called page insights, the corresponding information can be found on the page “Page Insights Information” including “Page Insights Data Information”.
13. Third-Party Services
We use the services of specialized third parties in order to be able to carry out our activities and operations in a sustainable, people-friendly, secure and reliable manner. Among other things, we can use such services to embed functions and content in our website. In the case of such embedding, the services used collect the following data at least temporarily for technically compelling reasons IP addresses of the users.
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 is, for example, performance or usage data in order to be able to offer the respective service.
13.1 Digital Infrastructure
We use services from specialized third parties to make use of required digital infrastructure in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.
13.2 Payments
We use specialized service providers to ensure that payments are processed securely and reliably. The legal documents of the individual service providers—such as their Terms and Conditions or Privacy Policies—also apply to the processing of payments.
14. Website Extensions
We use extensions for our website in order to be able to use additional functions. We may use selected services from suitable providers or use such extensions on our own digital infrastructure.
We use in particular:
- Imagify: Image optimization; Provider: WP MEDIA (France); Privacy information: Conditions (“Terms of Service”), “Frequently Asked Questions” (“FAQ”).
15. Video Surveillance
We use video surveillance to prevent crimes, to preserve evidence in the event of crimes, to exercise and assert our own legal claims, to defend against third-party legal claims, and to enforce our right to manage our premises. In this context—provided and to the extent that the General Data Protection Regulation (GDPR) applies—these constitute overriding legitimate interests pursuant to Art. 6(1)(f) of the GDPR, in the case of particularly sensitive personal data with reference to Art. 9, para. 2, subparagraph (f) of the GDPR.
We store recordings from our video surveillance for as long as they are required for the preservation of evidence or another specified purpose.
We may save recordings from our video surveillance and transmit them to competent authorities, in particular judicial or law enforcement authorities, provided that the transmission is necessary for a stated purpose, in our other legitimate overriding interest or due to legal obligations.
16. Final Notes on the Privacy Policy
We may update this Privacy Policy at any time. We will notify you of any updates by posting the most current version of the Privacy Policy on our website.