Data protection declaration

Data protection declaration

With this data protection declaration, we inform about the personal data we process in connection with our activities and operations, including our website. We provide information in particular on the purposes, methods, and locations of the personal data we process. We also inform about the rights of individuals whose data we process. For individual or additional activities and operations, additional privacy policies as well as other legal documents such as General Terms and Conditions (GTC), Terms of Use, or Participation Conditions may apply. We are subject to Swiss data protection law as well as potentially applicable foreign data protection law, such as that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

1. Contact addresses

Responsibility for the processing of personal data: Gisela Heller Eiger Lodge Heller Gastro AG Grundstrasse 58 3818 Grindelwald We will inform you if there are other responsible parties 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 data protection inquiries: Gisela Heller Heller Gastro AG Dorfstrasse 133 3818 Grindelwald

1.2 Data protection representation in the European Economic Area (EEA)

We have the following data protection representation according to Art. 27 DSGVO: VGS Datenschutz­partner GmbH Am Kaiserkai 69 20457 Hamburg Deutschland The data protection representation serves as an additional point of contact for inquiries related to the GDPR for affected individuals and authorities in the European Union (EU) and the rest of the European Economic Area (EEA).

2. Terms and legal bases

2.1 Terms

Personal data refers to any information relating to an identified or identifiable natural person. An affected person is a person whose personal data we process. Processing includes any handling of personal data, regardless of the means and methods used, such as querying, matching, adjusting, archiving, storing, extracting, disclosing, obtaining, capturing, collecting, deleting, disclosing, organizing, storing, altering, disseminating, linking, destroying, and using personal data. The European Economic Area (EEA) includes 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 Data Protection Act (Datenschutzgesetz, DSG) and the Data Protection Ordinance (Datenschutzverordnung, DSV). If and to the extent that the General Data Protection Regulation (GDPR) is applicable, we process personal data in accordance with at least one of the following legal bases:

  • Art. 6 Abs. 1 lit. b 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 Abs. 1 lit. f GDPR for the necessary processing of personal data to safeguard the legitimate interests of us or third parties, unless the fundamental rights and freedoms and interests of the data subject prevail. Legitimate interests include, in particular, our interest in exercising our activities and operations permanently, user-friendly, securely, and reliably, as well as communicating about them, ensuring information security, protecting against misuse, enforcing our own legal claims, and complying with Swiss law.
  • Art. 6 Abs. 1 lit. c GDPR for the necessary processing of personal data to fulfill a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
  • Art. 6 Abs. 1 lit. e GDPR for the necessary processing of personal data to perform a task carried out in the public interest.
  • Art. 6 Abs. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6 Abs. 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. Article, scope, and purpose

We process the personal data necessary to conduct our activities and operations permanently, user-friendly, securely, and reliably. Such personal data may include, in particular, categories of inventory and contact data, browser and device data, content data, meta or marginal data, usage data, location data, sales data, as well as contract and payment data. We process personal data for the duration necessary for the respective purpose or purposes, or as required by law. Personal data that is no longer required for processing will be anonymized or deleted. We may have third parties process personal data on our behalf. We may also process or disclose personal data jointly with third parties. These third parties include specialized providers whose services we use. We ensure data protection with these third parties as well. We only process personal data with the consent of the data subject, unless processing is permitted for other legal reasons. Processing without consent may be permissible, for example, to fulfill a contract with the data subject and for corresponding pre-contractual measures, to safeguard our overriding legitimate interests, because processing is evident from the circumstances, or after prior information. In this context, we particularly process information that a data subject voluntarily provides to us when contacting us – for example, by postal mail, email, 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, a customer relationship management (CRM) system, or similar tools. When we receive data about other individuals, the transmitting individuals are obligated to ensure data protection for these individuals and to ensure the accuracy of this personal data. 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, to the extent that such processing is permissible for legal reasons. We use the CRM system to improve communication with our guests and to offer them personalized offers and services. is a cloud-based system that allows us to centrally manage and analyze all guest data. For more information about data protection at, you can view their privacy policy at

4. Applications

We process personal data about applicants as far as it is necessary for assessing suitability for employment or for the subsequent execution of an employment contract. The necessary personal data particularly arise from the information provided, for example, within the framework of a job advertisement. Furthermore, we process personal data voluntarily disclosed or published by applicants, especially as part of cover letters, resumes, and other application documents as well as online profiles. We process – if and to the extent the General Data Protection Regulation (GDPR) applies – personal data about applicants particularly in accordance with Art. 9 (2) lit. b GDPR. We may allow applicants to store their information in our talent pool for consideration in future job openings. We may also use such information to maintain contact and provide updates. If we believe an applicant is suitable for a position based on the information provided, we may inform the applicant accordingly. We use third-party services to advertise positions through e-recruitment and to enable and manage applications. For our application management, we use the service Onlyfy, provided by New Work SE, Am Strandkai 1, 20457 Hamburg, Germany. Onlyfy is the central platform for our applicant management. When using our online form, your personal data is directly collected in Onlyfy. Even in the case of postal or email applications, your data can be transferred to the e-recruiting system. Further information can be found in Onlyfy’s privacy policy:

5. Personal data abroad

We process personal data primarily in Switzerland and the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, especially to process them there. We may export personal data to all states and territories on Earth and elsewhere in the universe, provided that the local law, as per the decision of the Swiss Federal Council, ensures adequate data protection and, if the General Data Protection Regulation (GDPR) is applicable, ensures adequate data protection as per the decision of the European Commission. We may transfer personal data to states whose law does not guarantee adequate data protection, provided that data protection is ensured for other reasons, in particular based on standard data protection clauses or other appropriate safeguards. In exceptional cases, we may export personal data to states 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 to the conclusion or execution of a contract. Upon request, we will gladly provide individuals with information about any guarantees or provide a copy of any guarantees.

6. Rights of Data Subjects

6.1 Data Protection Claims

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

  • Information: Data subjects have the right to request information about 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 processed personal data itself, but also information about the purpose of processing, the duration of storage, any disclosure or transfer of data to other countries, and the source of the personal data.
  • Correction and Restriction: Data subjects can correct inaccurate personal data, complete incomplete data, and request restrictions on the processing of their data.
  • Deletion and Objection: Data subjects can request the deletion of personal data (“right to be forgotten”) and object to the processing of their data for the future.
  • Data Disclosure and Data Portability: Data subjects can request the disclosure of personal data or the transfer of their data to another controller.

We may defer, restrict, or refuse the exercise of data subject rights within the legally permissible framework. We may inform data subjects of any requirements they must meet to exercise their data protection rights. For example, we may refuse to provide information entirely or in part, citing business secrets or the protection of other individuals. Similarly, we may refuse to delete personal data entirely or in part, citing legal retention obligations. In exceptional cases, we may impose costs for exercising these rights and will inform data subjects in advance of any such costs. We are obligated to verify the identity of data subjects who request information or assert other rights through appropriate measures, and data subjects are required to cooperate in this process.

6.2 Right to lodge a complaint

Affected individuals have the right to enforce their data protection claims in court or to lodge a complaint with a competent data protection supervisory authority. The data protection supervisory authority for private entities and federal agencies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC). Affected individuals also have the right to lodge a complaint with a competent European data protection supervisory authority if the General Data Protection Regulation (GDPR) is applicable.

7. Data Security

We implement appropriate technical and organizational measures to ensure data security commensurate with the respective risks. However, we cannot guarantee absolute data security. Access to our website is secured through transport encryption (SSL/TLS, especially 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 to mass surveillance without cause or suspicion, as well as other surveillance by security authorities in Switzerland, across Europe, in the United States of America (USA), and other countries, as is the case with all digital communication. We have no direct control over the processing of personal data by intelligence agencies, police forces, and other security authorities.

8. Usage of the website

8.1 Cookies

We may use cookies, including first-party cookies and third-party cookies from services we utilize. Cookies are data stored in the browser, which may not be limited to traditional text-based cookies. They can be stored temporarily as “session cookies” or for a specific duration as “persistent cookies.” Session cookies are automatically deleted when the browser is closed, while persistent cookies have a specified storage duration. Cookies allow us to recognize a browser on the next visit to our website, enabling activities such as measuring website traffic. Persistent cookies may also be used for online marketing purposes. Users can disable or delete cookies entirely or partially through browser settings. However, disabling cookies may limit the functionality of our website. We request explicit consent for the use of cookies, at least as necessary. For cookies used in tracking performance, reach, or advertising, users can generally opt-out through services such as AdChoices, the Network Advertising Initiative (NAI), YourAdChoices, or Your Online Choices.

8.2 Server log files

We may collect the following information for each access to our website, provided it is transmitted from 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, accessed individual sub-page of our website including transmitted data volume, last accessed website in the same browser window (referrer). We store such information, which may also constitute personal data, in server log files. The information is necessary to permanently, user-friendly, and reliably provide our website and to ensure data security, especially the protection of personal data – also by third parties or with the help of third parties.

8.3 Pixel counters

We may use pixel counters on our website. Pixel counters are also known as web beacons. Pixel counters, including those from third parties whose services we use, are small, usually invisible images that are automatically retrieved when visiting our website. Pixel counters can capture the same information as server log files.

9. Notifications and Messages

We send notifications and messages via email and through 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 a single message has been opened and which web links were clicked. Such web links and tracking pixels may also capture the use of notifications and messages on a personalized basis. We require this statistical recording of usage for success and reach measurement to effectively and user-friendly send notifications and messages based on the needs and reading habits of the recipients, as well as to ensure their continuous, secure, and reliable delivery.

9.2 Consent and Objection

You must generally expressly consent to the use of your email address and other contact details unless the use is permissible for other legal reasons. We strive to use the “Double Opt-in” procedure whenever possible, meaning you will receive an email with a link that you must click to confirm, thereby preventing misuse by unauthorized third parties. We may log such consents, including the Internet Protocol (IP) address, date, and time, for evidential and security purposes. You can generally object to receiving notifications and messages such as newsletters at any time. With such an objection, you can also object to the statistical recording of usage for success and reach measurement. Necessary notifications and messages related to our activities and operations remain reserved.

9.3 Service providers for notifications and messages

We send notifications and messages with the help of specialized service providers. We particularly utilize:

  • mailXpert: Newsletter Dispatch; Provider: mailXpert GmbH (Switzerland); Data Protection Information: Privacy Policy, “Data Location Switzerland”.

10. Social Media

We are present on social media platforms and other online platforms to communicate with interested individuals and inform them about our activities and initiatives. In connection with such platforms, personal data may also be processed outside of Switzerland and the European Economic Area (EEA). The terms and conditions (T&C) and terms of use, as well as privacy policies and other provisions of the individual operators of such platforms, also apply. These provisions inform individuals directly about their rights vis-à-vis the respective platform, including the right to access information. For our social media presence on Facebook, including so-called Page Insights, we are jointly responsible – to the extent that the General Data Protection Regulation (GDPR) applies – with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta Companies (including in the USA). Page Insights provide insights into how visitors interact with our Facebook presence. We use Page Insights to effectively and user-friendly provide our social media presence on Facebook. Further information about the nature, scope, and purpose of data processing, information about the rights of affected individuals, as well as contact details for Facebook and the Facebook data protection officer can be found in Facebook’s privacy policy. We have concluded the so-called “Controller Addendum” with Facebook, thereby agreeing in particular that Facebook is responsible for ensuring the rights of affected individuals. The corresponding information for Page Insights can be found on the “Page Insights Information” page, including “Page Insights Data Information”.

11. Third-Party Services

We use services provided by specialized third parties to carry out our activities and operations in a sustainable, user-friendly, secure, and reliable manner. With such services, we can embed functions and content into our website. During such embedding, for technically necessary reasons, the services used may temporarily collect the Internet Protocol (IP) addresses of the 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, anonymized, or pseudonymized manner. This includes performance or usage data necessary to provide the respective service. Specifically, we use:

  • Services by Google: Providers: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General privacy information: “Privacy and Security Principles,” Privacy Policy, “Google is committed to compliance with applicable data protection laws,” “Privacy Guide for 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,” “Personalized advertising” (activation / deactivation / settings).

We use the voucher system E-Guma. E-Guma is a product of Idea Creation GmbH, Walchestrasse 15, 8006 Zurich, Switzerland. The voucher shop is multilingual and linked to our homepage. Our customers can purchase the desired voucher and print it directly at home (print@home). Further information can be found in the privacy policy of E-Guma: On our website, we use the Wufoo tool to process inquiries via forms. Wufoo is provided by SurveyMonkey Inc. The information sent to us via these forms is securely stored and encrypted by Wufoo. Further information can be found in the privacy policy of SurveyMonkey Inc:

11.1 Digital infrastructure

We use services from specialized third parties to access the necessary digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers. In particular, we use:

  • Cyon: Hosting; Provider: cyon GmbH (Switzerland); Data Protection Information: “Privacy Policy”, Privacy Policy.

11.2 Contact options

We use services from selected providers to better communicate with third parties such as potential and existing customers.

11.3 Appointment Scheduling

We use services from specialized third parties to schedule appointments online, such as for meetings. In addition to this privacy policy, any directly visible terms of use or privacy policies of the services used also apply.

11.4 Social media functions and social media content

We use third-party services and plugins to embed functions and content from social media platforms and to enable the sharing of content on social media platforms and in other ways. We use in particular:

11.5 Card material

We use third-party services to embed maps on our website. We use in particular:

11.6 Digital audio and video content

We use services from specialised third parties to enable the direct playback of digital audio and video content such as music or podcasts. We use in particular:

11.7 Fonts

We use third-party services to embed selected fonts, icons, logos and symbols on our website. We use in particular:

11.8 E-Commerce

We operate e-commerce and use third-party services in order to successfully offer services, content or goods.

11.9 Payments

We use specialised service providers to process our customers’ payments securely and reliably. The legal texts of the individual service providers, such as general terms and conditions or data protection declarations, also apply to the processing of payments. We use in particular:

11.10 Advertising

We use the option of displaying targeted advertising for our activities and operations on third parties such as social media platforms and search engines. In particular, we would like to use such advertising to reach people who are already interested in our activities and operations or who might be interested in them (remarketing and targeting). For this purpose, we may transmit corresponding – possibly also personal – data to third parties that enable such advertising. We can also determine whether our advertising is successful, i.e. in particular whether it leads to visits to our website (conversion tracking). Third parties with whom we advertise and where you are logged in as a user may be able to assign the use of our online offering to your profile there. We use the following in particular:

12. Extensions for the website

We use extensions for our website in order to be able to use additional functions. In particular, we use:

13. Success and reach measurement

We use services and programmes to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our activities and operations as well as the effect of third-party links to our website. We can also, for example, test and compare how different versions of our online offering or parts of our online offering are used (“A/B test” 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. When using services and programmes to measure success and reach, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are always shortened (“IP masking”) in order to comply with the principle of data minimisation through the corresponding pseudonymisation and thus improve user data protection. When using services and programmes to measure success and reach, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information on the size of the screen or browser window and the – at least approximate – location. In principle, user profiles are only created in pseudonymised form. We do not use user profiles to identify individual users. Individual third-party services with which users are registered may be able to assign the use of our online offering to the user account or user profile with the respective service. We use the following in particular:

  • Google Analytics: Performance and reach measurement; Service 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 transmitted in full to Google in the USA in exceptional cases, «Data Protection», «Browser Add-on to deactivate Google Analytics».
  • Google Tag Manager: Integration and management of other services for performance and reach measurement as well as other services from Google and third parties; Service 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.
  • Matomo: Performance and reach measurement; Service provider: Matomo (free open source software); Data protection provisions: Use on own server infrastructure and with pseudonymised Internet Protocol (IP) addresses, «List of all Matomo Features».

14. Video-Surveillance

We use video surveillance to prevent criminal offences and to preserve evidence in the event of criminal offences as well as to exercise our domiciliary rights. If and insofar as the General Data Protection Regulation (GDPR) is applicable, these are overriding legitimate interests in accordance with Art. 6 Abs. 1 lit. f DSGVO. We store recordings from our video surveillance for as long as they are required to preserve evidence. As a rule, the recordings are deleted or overwritten after 24 hours. We may save recordings due to legal obligations, to enforce our own legal claims and in the event of suspected criminal offences, and transmit them to the competent authorities, in particular the judicial or law enforcement authorities.

15. Final provisions

We have created this privacy policy using the data protection generator from Datenschutzpartner. We may amend and supplement this privacy policy at any time. We will provide information about such amendments and additions in an appropriate form, in particular by publishing the current privacy policy on our website.

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