Residenza Magenta

Privacy Policy

This privacy policy provides information about the personal data we process in connection with our activities and operations, including our website https://www.residenza-magenta.ch. In particular, we provide information about why, how and where we process personal data. We also provide information about the rights of individuals whose data we process.

Additional privacy policies and other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply to individual or additional activities and operations.

We are subject to Swiss data protection law and any applicable foreign data protection law, in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognises that Swiss data protection law ensures adequate data protection.

1. Contact address

Responsibility for processing personal data:

Margreet Groot
Dario Giovanoli
Via da Ftan 1 (408)
CH-7550 Scuol

margreet@residenza-magenta.ch

We point out if there are other parties responsible for processing personal data in individual cases.

2. Terms and legal basis

2.1 Terms

Personal data is any information 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, for example, querying, comparing, adapting, archiving, storing, reading, disclosing, procuring, recording, collecting, deleting, disclosing, arranging, organising, saving, changing, distributing, linking, deleting 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 processing of personal data as the processing of personal data.

2.2 Legal bases

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).

Where and to the extent that the General Data Protection Regulation (GDPR) applies, we process personal data in accordance with at least one of the following legal bases:

  • Art. 6 para. 1 lit. b DSGVO 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 para. 1 lit. f GDPR for the necessary processing of personal data to safeguard the legitimate interests of us or third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our interest in being able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner and to communicate about them, ensuring information security, protection against misuse, enforcing our own legal claims and complying 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 under any applicable law of Member States of the European Economic Area (EEA).
  • Art. 6 para. 1 lit. e GDPR for the necessary processing of personal data to perform 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.

3. Type, extent and purpose

We process the personal data that is necessary to enable us to carry out our activities and operations in a sustainable, user-friendly, secure and reliable manner. Such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data, and contract and payment data.

We process personal data for as long as is necessary for the respective purpose or purposes or as required by law. Personal data that no longer needs to be processed is anonymised or deleted.

We may process personal data together with third parties or transfer it to third parties. Such third parties are in particular specialised providers whose services we use. We also guarantee data protection with such third parties.

We only process personal data with the consent of the persons concerned. If and to the extent that processing is permissible for other legal reasons, we may refrain from obtaining consent. For example, we may process personal data without consent in order to fulfil a contract, to comply with legal obligations or to protect overriding interests.

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 that such processing is permitted for legal reasons.

4. Communication

We process data in order to communicate with third parties. In this context, we process in particular data that a data subject transmits when contacting us, for example by post or email. We may store such data in an address book or using similar tools.

Third parties who transmit data about other persons are obliged to guarantee data protection for such data subjects. Among other things, this requires ensuring the accuracy of the personal data transmitted.

We use selected services from suitable providers in order to communicate better with third parties.

5. Data security

We take appropriate technical and organisational measures to ensure data security commensurate with the respective risk. With our measures, we ensure in particular the confidentiality, availability, traceability and integrity of the personal data processed, without however being able to guarantee absolute data security.

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

Like all digital communication, our digital communication is subject 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 processing of personal data by secret services, police forces and other security authorities. We also cannot rule out the possibility that individual data subjects may be subject to targeted surveillance.

6. Personal data abroad

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, in particular for processing or to have it processed there.

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

We may transfer personal data to countries whose laws do not guarantee adequate data protection, provided that data protection is guaranteed 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 data protection requirements are met, for example, the express consent of the data subjects or a direct connection with the conclusion or execution of a contract. Upon request, we will gladly provide data subjects with information about any guarantees or provide a copy of any guarantees.

7. Rights of data subjects

7.1 Data protection rights

We grant data subjects all rights in accordance with applicable data protection law. Data subjects have the following rights in particular:

  • Information: Data subjects may 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 necessary to assert their data protection rights and ensure transparency. This includes the personal data processed as such, but also, among other things, 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 restriction: Data subjects can correct inaccurate personal data, complete incomplete data and have the processing of their data restricted.
  • Deletion and objection: Data subjects can have personal data deleted (‘right to be forgotten’) and 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 data subjects’ rights within the legally permissible scope. We may inform data subjects of any conditions that must be met in order to exercise their data protection rights. For example, we may refuse to provide information in whole or in part on the grounds of business secrets or the protection of other persons. We may also refuse to delete personal data in whole or in part on the grounds of statutory retention obligations.

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

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

7.2 Legal protection

Data subjects have the right to enforce their data protection rights through legal action or to lodge a complaint with a competent data protection supervisory authority.

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

Potential data protection supervisory authorities for complaints from data subjects – if and to the extent that the General Data Protection Regulation (GDPR) applies – are organised as members of the European Data Protection Board (EDPB). In some Member States of the European Economic Area (EEA), data protection supervisory authorities have a federal structure, particularly in Germany.

8. Use of the website

8.1 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 is not necessarily limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily, as ‘session cookies’ or for a specific period of time as so-called permanent cookies. ‘Session cookies’ are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. Cookies enable us, in particular, to recognise a browser when you next visit our website and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example.

Cookies can be deactivated and 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 seek your express consent to the use of cookies, at least where and to the extent necessary.

For cookies used to measure success and reach 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).

8.2 Logging

We can log at least the following information for each access to our website and our other online presence, provided that this information is 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 subpages of our website accessed including the amount of data transferred, last website accessed in the same browser window (referrer).

We log such information, which may also constitute personal data, in log files. The information is necessary in order to be able to provide our online presence in a permanent, user-friendly and reliable manner. The information is also necessary in order to be able to guarantee data security – including by third parties or with the help of third parties.

8.3 Tracking pixel

We may integrate tracking pixels into our online presence. Tracking pixels are also known as web beacons. Tracking pixels – including those from third parties whose services we use – are usually small, invisible images or scripts written in JavaScript that are automatically retrieved when you access our online presence. Tracking pixels can be used to collect at least the same information as log files.

8.4. Content Management System and Page Builder

The website www.reseidenza-magenta.ch was created using the WordPress content management system (CMS) and the Elementor Ltd. page builder, and uses widgets (forms, maps, etc.) from these providers.

9. Notifications and messages

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

9.1 Measuring success and reach

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

9.2 Consent and objection

You must expressly consent to the use of your email address and other contact details, unless such use is permitted for other legal reasons. Where possible, we use the ‘double opt-in’ procedure for any consent, which means that you will receive an email with a web link that you must click on to confirm, so that no misuse by unauthorised third parties can occur. We may log such consents, including IP address, date and time, for evidence and security reasons.

You can object to receiving notifications and communications such as newsletters at any time. By doing so, you can also object to the statistical recording of usage for the purpose of measuring success and reach. This does not apply to necessary notifications and communications in connection with our activities and operations.

10. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested parties 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 (GTC) and terms of use, as well as 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.

We are jointly responsible with Meta Platforms Ireland Limited (Ireland) for our social media presence on Facebook and Instagram, including the so-called page insights, insofar as the General Data Protection Regulation (GDPR) applies. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook and Instagram presence. We use Page Insights to make our social media presence on Facebook and Instagram effective and user-friendly.

Further information on the type, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook and Facebook’s data protection officer can be found in the privacy policy of Facebook and Instagram. We have concluded the so-called ‘Supplement for Controllers’ with Facebook and have thus agreed in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the relevant information can be found on the ‘Information about Page Insights’ page, including ‘Information about Page Insights data’.

11. Third-party services

We use services provided by specialised third parties to ensure that our activities and operations are sustainable, user-friendly, secure and reliable. These services enable us to embed functions and content into our website, among other things. When embedding such content, the services used collect the IP addresses of users at least temporarily 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 an aggregated, anonymised or pseudonymised form. This includes, for example, performance or usage data, in order to be able to offer the respective service.

In particular, we use:

11.1 Digital infrastructure

We use the services of specialised third parties in order to be able to utilise the digital infrastructure required in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.

11.2 Map material

We use third-party services to embed maps on our website. In particular, we use:

12. Extensions for the website

We use extensions for our website to enable additional functions. We may use selected services from suitable providers or use such extensions on our own server infrastructure. In particular, we use:

  • Google reCAPTCHA: Spam protection (distinguishing between desired content from humans and unwanted content from bots and spam); Provider: Google; Google reCAPTCHA-specific information: ‘What is reCAPTCHA?’

13. Measurement of success and reach

We try to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our activities and the impact of third-party links on our website. However, we can also test and compare how different parts or versions of our online offering are used (using 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.

In most cases, the IP addresses of individual users are stored for the purpose of measuring success and reach. In this case, IP addresses are always shortened (‘IP masking’) in order to comply with the principle of data minimisation through appropriate pseudonymisation.

Cookies may be used and user profiles 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 location (at least approximately). As a rule, any user profiles are created exclusively in pseudonymised form and are not used to identify individual users. Individual third-party services to which users are registered may assign the use of our online offering to the user account or user profile for the respective service. In particular, we use:

  • Google Tag Manager: Integration and management of other services for measuring success and reach, as well as other services from Google and third parties; provider: Google; Google Tag Manager-specific information: ‘Data collected with Google Tag Manager’; further information on data protection can be found in the individual integrated and managed services.

14. Final provisions

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