With this data privacy policy, we inform you about which personal data we process, how, where and for what purpose, in particular in connection with our website hotelcard.com and our other offers. With this data protection declaration we also inform you about the rights of the persons whose data we process.
Specific or additional offers and services may be subject to special, supplementary or additional data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation.
Our offer is subject to Swiss data protection law and, where applicable, also to applicable foreign data protection law, in particular the General Data Protection Regulation (GDPR) of the European Union (EU). The European Commission recognises that Swiss data protection law ensures an adequate level of data protection.
1. Contact addresses
Responsibility for the processing of personal data
HotelCard AG
Okenstrasse 6
8037 Zurich
Switzerland
We point out if there are other persons responsible for processing personal data in individual cases.
Data Protection Officer in the European Economic Area (EEA)
As per Art. 27 GDPR we have the following data protection representation in the European Economic Area (EEA), comprising the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway, as an additional point of contact for supervisory authorities and data subjects making enquiries relating to the General Data Protection Regulation (GDPR):
VGS Datenschutzpartner UG
Am Kaiserkai 69
20457 Hamburg
Germany
2. Processing of personal data
2.1 Terms
Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, collection, deletion, storage, modification, destruction and use of personal data.
The European Economic Area (EEA) comprises the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the handling of personal data as 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 (FADP) and the Ordinance to the Federal Act on Data Protection (FADP).
Where the General Data Protection Regulation (GDPR) applies, we use at least one of the following legal bases to process personal data:
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Art. 6 para. 1 lit. b DSGVO for the necessary processing of personal data for the fulfilment of a contract with the data subject as well as for the implementation of pre-contractual measures.
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Art. 6 para. 1 lit. f DSGVO for the necessary processing of personal data to protect the legitimate interests of us or of 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 provide our offer permanently, in a user-friendly, secure and reliable manner, as well as to be able to advertise for it as required, information security as well as protection against misuse and unauthorised use, the enforcement of our own legal claims and compliance with Swiss law.
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Art. 6 para. 1 lit. c DSGVO 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).
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Art. 6 para. 1 lit. e DSGVO for the necessary processing of personal data for the performance of a task that is in the public interest.
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Art. 6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.
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Art. 6 para. 1 lit. d DSGVO for the necessary processing of personal data to protect vital interests of the data subject or another natural person.
2.3 Nature, scope and purpose
We process personal data that is required for the permanent, user-friendly, secure and reliable provision of our services. Such personal data can 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, contract and payment data.
We process personal data for the duration that is required for the respective purpose or by law.
We reserve the right to continue to use customers' personal data for a limited period of 3 years after their membership has expired, unless the data subject has requested deletion. This includes situations where the customer may not be an active member but continues to have an interest in our services, information or news. This approach allows the customer to benefit from our offers and stay informed if they need to do so again. After 3 years since the end of the last membership and provided that no activities have taken place on the part of the customer in the meantime that indicate a continued interest in our offer, the processing of this personal data is no longer considered necessary. In this case, the personal data will be anonymised.
Persons whose data we process generally have the right to have their data deleted.
As a matter of principle, we only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons, for example to fulfill a contract with the data subject and for corresponding pre-contractual measures, to safeguard our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.
Within the scope of our activities, we process in particular the information provided voluntarily and independently by data subjects when contacting us - for example by letter, e-mail, contact form, social media or telephone - or when registering for a user account. We may store such information in an address book, a customer relationship management system (CRM system) or in comparable tools.
If you provide us with personal data via third parties, you are obliged to guarantee the data protection of these third parties and to ensure that the personal data you provide is correct.
We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of providing our services, if and to the extent that such processing is permitted for legal reasons.
Personal data from applications are only processed insofar as they are necessary for the assessment of suitability for an employment relationship or for the subsequent implementation of an employment contract. The personal data required for the implementation of an application procedure is determined by the data requested or provided, e.g. in the context of a job description. Applicants have the option of voluntarily providing further data for the respective application.2.4 Processing of personal data by third parties, including abroad
We may have personal data processed by commissioned third parties, process it jointly with third parties or transmit it to third parties. These third parties are in particular providers whose services we use. We also guarantee appropriate data protection when using third parties in this way.
Such third parties are generally located in Switzerland and in the European Economic Area (EEA). However, such third parties may also be located in other states and territories on earth as well as elsewhere in the universe, provided that their data protection law ensures adequate data protection in the opinion of the Federal Data Protection and Information Commissioner (FDPIC) and - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - in the opinion of the European Commission. Alternatively, adequate data protection may be ensured by other reasons, such as a corresponding contractual agreement, in particular on the basis of standard contractual clauses, or a corresponding certification. For third parties in the United States of America (USA), the Privacy Shield certification scheme may ensure adequate data protection. Exceptionally, such a third party may be located in a country without adequate data protection, provided that the data protection requirements for this, such as the explicit consent of the data subject, are met.
3. Data subjects’ rights
Data subjects whose personal data we process have the rights under Swiss data protection law. This includes the right to information as well as the right to correction, deletion or blocking of the personal data processed.
If the General Data Protection Regulation (GDPR) is applicable, the data subjects whose personal data we process can obtain confirmation free of charge as to whether we are processing their data. If so, they have the right to request information about the processing of their personal data, to have the processing of their personal data restricted, to exercise their right to data portability and to have their personal data corrected, deleted ("right to be forgotten"), blocked or completed. Data subjects may revoke their consent at any time and object to the processing of their personal data at any time.
Data subjects whose personal data we process have a right of appeal to a competent supervisory authority. The competent supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
4. Data security
We take appropriate and suitable technical as well as organisational measures to ensure data protection and in particular data security. Despite such measures, however, security gaps may occur on the Internet when processing personal data. Therefore, we cannot guarantee unlimited data security.
Access to our online offer is via transport encryption, in particular with the more secure Hypertext Transfer Protocol Secure (HTTPS) and SSL / TLS. Most browsers display a marking in the form of a padlock in the address bar to indicate encryption.
The use of our online offer is subject - like any use of the internet in general - to mass surveillance without cause and without suspicion as well as other surveillance by security authorities in Switzerland, the European Union (EU), the United States of America (USA) and other countries. We have no direct influence on the processing of personal data by secret services, police authorities and other security agencies.
5. Use of the website
5.1 Cookies
We may use cookies on our website. Cookies - both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) - are data in text form that are stored in your browser. Cookies cannot execute programs or transmit malware such as Trojans and viruses.
Cookies can be stored temporarily as "session cookies" or for a certain period of time as so-called permanent cookies in your browser during your visit to our website. "Session cookies" are automatically deleted when you close your browser. Permanent cookies enable us in particular to recognise your browser the next time you visit our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.
You have the option of deactivating or deleting cookies in whole or in part in your browser settings. Essential cookies cannot be deactivated. Without cookies, our website may no longer be fully available.
We actively request your express consent for the use of cookies - if and when required. You can adjust your cookie settings at any time here.
In the case of cookies used for performance and reach measurement or advertising, many services offer the possibility of a general objection ("opt-out") via the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).
5.2 Server log files
We may collect 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 amount of data transferred, website last accessed in the same browser window (referer or referrer).
We store such information, which may also constitute personal data, in server log files. The information is necessary to provide our online offer permanently, user-friendly and reliably and to ensure data security and thus in particular the protection of personal data - also by third parties or with the help of third parties.
5.3 Tracking pixel
We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels - also from third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. Pixel counters can be used to collect the same information as server log files.
6. Notifications and messages
We send notifications and communications, such as newsletters, by email and through other communication channels such as instant messaging.
6.1 Success and reach measurement
Notifications and communications may contain links or tracking pixels that record whether an individual communication has been opened and which links have been clicked on. Such links and tracking pixels may also track usage of notifications and communications on a personal basis. We need this statistical tracking of usage for performance and reach measurement in order to target notifications and communications according to the needs and reading habits of recipients, to make them user-friendly and to make them durable, secure and reliable.
6.2 Consent and objection
The use of your e-mail address and contact address always requires your express consent, unless the use is permitted for other legal reasons. For the receipt of e-mails, we use the "double opt-in" procedure wherever possible to obtain your consent for this. This means that you will receive an e-mail with a link. To prevent misuse by unauthorised third parties, you must click on the link to confirm. We may log such consents for evidence and security reasons, including the Internet Protocol (IP) address and the date and time.
In principle, you can unsubscribe from notifications and communications such as newsletters at any time. This does not apply to notifications and communications that are indispensable for our services. By unsubscribing, you can in particular object to the statistical recording of usage for performance and reach measurement.
6.3 Service provider for notifications and messages
We send notifications and messages via external services or with the help of service providers. Cookies may also be used in the process. We also ensure appropriate data protection for such services.
We use MailChimp to send and manage newsletters MailChimp is a service of the American The Rocket Science Group LLC. Further information about the type, scope and purpose of data processing can be found in MailChimp's privacy policy and on the page about MailChimp, the Privacy Shield and the GDPR.6.4 E-mail advertising and subscription to newsletter
By registering for the newsletter, you will regularly receive our e-mail newsletter, which will be sent on the basis of your consent with the help of the data required for this purpose or separately provided by you.
Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to support@hotelcard.ch or via the link provided in the newsletter. After unsubscribing, your e-mail address will no longer be used for e-mail advertising purposes.
We anonymise your e-mail address as well as other data if you exercise your right of deletion and insofar as you have not expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.
7. Social media
We are present on social media platforms and other online platforms in order to be able to communicate with interested persons and inform them about our offer. Personal data may also be processed outside of Switzerland and the European Economic Area (EEA).
The general terms and conditions (GTC), terms of use, data protection declarations and other provisions of the individual operators of such online platforms always apply here. These provisions inform above all about the rights of the data subjects, in particular about the right to information.
We use Meta Platforms Ireland Limited, among others, for our Facebook and Instagram presence.
For our Facebook presence, we are jointly responsible with Meta Platforms Ireland Limited in Ireland for the so-called Page Insights. Page insights provide information about how visitors interact with our presence. We use these insights to make our social media presence on Facebook effective and user-friendly. Facebook has published information about Page Insights data and an addendum regarding responsibility for Page Insights.
We use the option of embedding Instagram functions and content on our website. This allows us, for example, to show you images published on Instagram on our website. Cookies are also used in this process.
If you are registered as a user with Facebook, Instagram or other Meta services, Meta can assign the use of our online offer to your profile. Further information on the type, scope and purpose of data processing can be found in Meta's privacy policy.
8. Third-party services
We use third-party services in order to be able to provide our offer in a permanent, user-friendly, secure and reliable manner. Such services are also used to embed content on our website. These are, for example, hosting and storage services, video services and payment services. These services require your Internet Protocol (IP) address in order to transmit the content. Such services may be located outside of Switzerland and the European Economic Area (EEA), provided that adequate data protection is guaranteed.
For their own security-related, statistical and technical purposes, third parties whose services we use may also process data in connection with our offer as well as from other sources - including cookies, log files and counting pixels - in aggregated, anonymised or pseudonymised form.
8.1 Google Maps
We use Google Maps to embed maps on our website. Cookies are also used in this process. Google Maps is a service of the American Google LLC. For users in the European Economic Area (EEA) and in Switzerland, the Irish company Google Ireland Limited is responsible. Further information on the nature, scope and purpose of data processing can be found in the Privacy and Security Policy and the Privacy Policy Guide for Google products (including Google Maps), in the information on how Google uses data from websites on which Google services are used and in the information on cookies at Google. Furthermore, there is the possibility to object to personalised advertising.
8.2 Fonts and icons
We use Font Awesome to embed selected icons on our website. Cookies are also used in the process. This is a service provided by the American company Fonticons Inc. which, according to its own information, respects European data protection law. Further information on the type, scope and purpose of data processing can be found in the Font Awesome privacy policy.
We use Google Fonts to embed selected fonts on our website. No cookies are used in the process. This is a service of the American Google LLC, which is offered independently of other Google services. For users in the European Economic Area (EEA) and in Switzerland, the Irish company Google Ireland Limited is responsible. Further information on the nature, scope and purpose of data processing can be found in the Privacy and Security Policy and in Google's privacy policy.
We use Material Design to embed selected icons in our website. Material Design (Material for short) is a design language developed by Google. We embed such icons in our website as part of Google Fonts. Information on the type, scope and purpose of data processing can be found in the section on Google Fonts in this privacy policy.
8.3 Unbounce
We use Unbounce, a platform for creating landing pages and conducting A/B tests in online marketing. Information on the type, scope and purpose of data processing can be found in Unbounce's privacy policy.
8.4 Card printing and mailing
We work with card solution providers to reliably handle the printing and mailing of our loyalty cards. In particular, we work with Oscards AG, which belongs to the Schellenberg Group. The terms and conditions of the Schellenberg Group, such as General Terms and Conditions (GTC).
8.5 Payment processing
We work with payment service providers to process our customers' payments securely and reliably. We only use payment service providers that guarantee appropriate data protection. The terms and conditions of the respective payment service providers, such as general terms and conditions (GTC) or data protection declarations, apply to the processing in each case.
In particular, we use Payrexx for the processing of payments. Payrexx is a service of the Swiss Payrexx AG. Information on the type, scope and purpose of data processing can be found in the Payrexx privacy policy.8.6 Analysis tools
We use Google Analytics to analyse the use of our website and to measure, for example, the reach of our website and the success of third-party links to our website. This is a service provided by the American Google LLC. For users in the European Economic Area (EEA) and Switzerland, the Irish company Google Ireland Limited is responsible.
Google also attempts to track individual visitors to our website when they use different browsers or devices (cross-device tracking). Cookies are also used for this purpose. Google Analytics requires your Internet Protocol (IP) address, but this is not merged with other Google data.
In any case, we have your Internet Protocol (IP) address anonymised before analysis by Google. As a result, your full IP address is generally not transmitted to Google in the USA.
Further information on the nature, scope and purpose of data processing can be found in Google's privacy and security policy and data protection statement, in the guide to data protection in Google products (including Google Analytics), in the information on how Google uses data from websites on which Google services are used and in the information on cookies at Google. In addition, it is possible to use the "Browser Add-on to deactivate Google Analytics" as well as to object to personalised advertising.
We use the Google Tag Manager to integrate and manage services for analytics or advertising from Google as well as from third parties on our website. This is a service of the American Google LLC. For users in the European Economic Area (EEA) and Switzerland, the Irish company Google Ireland Limited is responsible. Cookies are not used, but may be used as part of the integrated and managed services. We provide information about the processing of personal data by such services in this privacy policy.
8.7 Advertising
We use Meta Ads in order to be able to specifically advertise our offer on Meta. Meta Ads is a service provided by Meta Platforms Ireland Limited in Ireland. Meta Ads also uses cookies.
With such advertising, we would like to reach in particular people who are interested in our online offer or who already use our online offer. For this purpose, we transmit corresponding - possibly also personal - information to Meta (Custom Audiences including Lookalike Audiences), in particular with the so-called Meta Pixel. We can also determine whether our advertising is successful, i.e. whether it leads to visits to our website (conversion tracking).
Further information on the type, scope and purpose of data processing can be found in Meta's data policy. In addition, Meta users can use their advertising preferences to influence which advertisements they see and which advertisements are displayed to them in the future.
9. Participation in partner programmes
We participate in affiliate programmes. On the one hand, we may be compensated for referring to third party offers or linking to third party offers. On the other hand, we may compensate third parties for referring to our offers or linking to our online offers (affiliate marketing). In this context, it may be recorded - also on a personal basis - which offers are taken up and which web links are followed. Cookies may also be used in this context.
We use AWIN (formerly Affili.net), an affiliate programme of affilinet Schweiz GmbH and AWIN AG in Switzerland, which are each affiliated with the German affilinet GmbH and its parent company AWIN AG in Germany. Information on the type, scope and purpose of data processing can be found in AWIN's privacy policy (including the option to object).
We use Adtraction, an affiliate programme of the Swiss Adtraction AG. Information on the type, scope and purpose of data processing can be found in the Adtraction privacy policy.
We use Profity, an affiliate programme of the Swiss adfocus GmbH. Information on the type, scope and purpose of data processing can be found in the Profity privacy policy.
We use Getback to improve targeted communication with our customers. This is a "conversion optimisation technology" from the Swiss company adfocus GmbH. We use it to record online shop usage and can, for example, remind our customers of forgotten orders when they visit our online shop and point out special offers, or our customers can have their shopping basket sent to them by e-mail. Cookies are also used for this purpose. adfocus may only process data from our customers in the same way as we would be permitted to do ourselves. Further information on the type, scope and purpose of data processing can be found in Getback's privacy policy.
We use Sovendus, an affiliate programme of the German Sovendus GmbH. Information on the type, scope and purpose of data processing can be found in the Sovendus privacy policy.
We use Adtraction, an affiliate programme of the German Adtraction Deutschland GmbH. Information on the type, scope and purpose of data processing can be found in the Adtraction privacy policy.
10. Final provisions
We reserve the right to change or amend this privacy policy at any time. We will inform you of such changes and amendments in an appropriate manner, in particular by publishing the updated data privacy policy on our website.
Status: 25.09.2023
HotelCard AG