Privacy Statement of Hapimag AG
Thank you for visiting our website and for your interest in Hapimag AG and its subsidiaries. We take the protection of your personal data seriously and act in accordance with the applicable legal provisions on data privacy and data security.
Under the European General Data Protection Regulation (GDPR), personal data refers to any information relating to an identified or identifiable natural person. The Swiss Data Protection Act (DPA) describes personal data as “any information that relates to a specific or specifiable person.” We regard both definitions as being equal, as they refer to information assigned to you personally (hereinafter the “data subject”) and may convey something about you. Consequently, we prefer to use the term “personal data”.
This privacy statement applies to Hapimag AG and its subsidiaries (hereinafter “Hapimag”) as well as to the mobile App of Hapimag AG. Any differing national data protection provisions remain reserved (e.g. statutory time limits for deletion of data).
2. Legal basis for processing
The legal basis for processing personal data is deemed to be the principles of the DPA and Article 6 (1) GDPR, specifically
- a) if the data subject has given consent;
- b) if processing is necessary for the performance of a contract to which the data subject is party. This also applies to the steps required prior to entering into a contract.
- c) if our company must comply with a legal obligation;
- d) if the compelling interests of the data subject or another natural person are to be protected;
- e) if processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in our company;
- f) if processing is required for the purposes of the legitimate interests pursued by our company or a third party, and the interests or fundamental rights and freedoms of the data subject will not be overridden. The legitimate interest of our company lies in carrying out our business activity.
3. Collection and processing of personal data
We use the data you have given without your explicit consent solely for the necessary performance and processing of the services offered and on the basis of legitimate interests. On completion of the services, your data are excluded from further use and are deleted after the storage time limits have expired under tax and commercial law, provided you have not expressly given your consent for your data to be used further or there is no other legal justification.
The user is made clearly aware of the scope of any consent to be given upon registration for the respective service and that consent is recorded. The content of the consent given will be kept available for the user within the service. If you do not give your consent, we trust you will understand that you may not be able to take part in the respective service.
3.1 Visiting our website
You may visit the Hapimag website without disclosing your identity. However, our web servers automatically save technical information of the device used for the visit, including the IP address, type of web browser, operating system, domain name of your internet service provider, date and duration of your visit to our internet pages and the website you came from to visit us. This information is evaluated anonymously for statistical purposes only.
These data are processed for the purpose of making navigation of the website easier (connection set-up), system security, technical administration of the network infrastructure as well as for optimising the internet offering, and as such on the basis of our legitimate interests under Article 6 (1) f GDPR and to protect users and prevent unauthorised use. We do not pass on these data to third parties or make any other kind of evaluation. We do not create a personal user profile.
3.2 Registration of a user account and use of your personal customer area
A user account (login) is required for personalised services in the access-protected customer area. To set up such an account, we need the following personal data from you: membership number, last name, first name, date of birth and verification, either the last resort you booked or the last reservation number or product number. The address, e-mail address, telephone number and date of birth are collected so that you can use the Booking Portal. These data are used solely for the administration/processing of your Hapimag membership and for notifying you about new features and offers connected with the holiday world of Hapimag (newsletter).
The specific data that are collected can be seen using the respective input screens. The use of the user account is voluntary. We save the data submitted and use them to process transactions. We use the data you have given without your explicit consent solely for the necessary performance and processing of the services offered, i.e. for the purposes of performing our contractual obligations and services under Article 6 (1) b GDPR.
3.3 Contact by non-members through our website (contact form)
If there are any queries about the holiday world of Hapimag from interested parties/non-members and for a booking enquiry for an introduction offer, we need the following personal data as a one-off to get in touch with you: title, first and last names, full postal address, telephone number and e-mail address. These data are not passed on to third parties or used for marketing purposes.
For such enquiries, the personal data are processed for handling and administration under Article 6 (1) b GDPR.
The type of data we collect when the contact form is used can be seen on the contact form or it depends on your e-mail message. These data are saved and used solely for responding to your enquiry, for contacting you and for related technical administration work. After your enquiry has been processed, your data are deleted, provided you request this and there are no statutory storage obligations to prevent deletion.
3.4 Registration for our newsletter
Personal data are processed when you register for our newsletter. The data you give for this (e.g. name and e-mail address) are used by us for our own marketing purposes and for other electronic notifications with marketing information on our products, offers, actions and our company for our newsletter after you have expressly given us your consent to do so.
You can unsubscribe from the newsletter at any time using a link in the newsletter e-mail or by sending us a corresponding message telling us that you are withdrawing your consent. By unsubscribing, your e-mail address will be automatically deleted from our newsletter distribution list.
Our newsletter contains a pixel tag that collects technical information such as browser, operating system and links that were clicked whenever the customer opens the newsletter. We use this information to make technical and content improvements to our newsletter service.
3.5 Comment function Hapimag Blog
Hapimag fosters open communication with its members and regularly publishes blog contributions on its website. In the CEO Blog, our CEO gives his opinion on a specific topic. As part of an open and honest culture of discussion, you can submit your comments on the CEO Blog only in the protected customer area and by giving your name. Your comments and name can be seen only in the protected customer area by other members. By contrast, your comments in all other blog contributions can be left by giving a user name of your choice (pseudonym). These comments can be seen publicly and may also be commented on by third parties. When a comment is submitted, a valid e-mail address is requested and this is saved together with the time at which the comment was submitted.
It is for legitimate interests under Article 6 (1) f GDPR and for security reasons so that the IP addresses of authors are saved in case unlawful content is posted in comments and contributions. Should this occur, we ourselves could be sued because of the comment or contribution and we are therefore interested in the author’s identity.
4. Compliance with legal provisions or public interest (Article 6 (1) c, e GDPR)
Like everyone involved in the economic process, we are also subject to a wide range of legal obligations. The primary ones are statutory requirements (e.g. commercial and tax law), but sometimes provisions of supervisory and other authorities too. The fulfilment of control and reporting requirements under tax law as well as the archiving of data for the purposes of data protection and data security plus audits by tax and other authorities are actions deemed to be for the purposes of processing. Personal data may also have to be disclosed under judicial and official measures for the purposes of collecting evidence, law enforcement or implementing claims under civil law.
Cookies are used on various pages of our website. A cookie is a small text file stored on your hard drive by a website. Cookies do not cause any damage to your computer and do not contain any viruses. The cookies from our internet pages do not collect any kind of personal data. We use the information contained in cookies to make navigation on our websites easier for you and to tailor the information to your needs.
How cookies work
Cookies are small text files that the browser stores on the user’s computer in a specific directory. For example, cookies enable text that has been input once to be saved in form fields on the website so that you do not have to enter this text again when you next visit the website or switch between individual functions.
You can decide yourself whether our website’s web server can save cookies on your computer or not. You can choose at any time to set your browser to not accept or save cookies. Alternatively, before accepting a cookie, you can have a warning message appear or set the browser so that only cookies from certain websites are accepted. You can also delete cookies you have saved at any time.
We would like to point out that the use of some functions on our website may be limited or locked if you reject cookies from the website. To make it easier to use the website, we therefore recommend that you set your browser to accept cookies from the website.
Web analysis services, online marketing networks, third-party content
On the basis of our legitimate interests under Article 6 (1) f GDPR, we use web analysis services, online marketing networks and third-party services for the analysis, optimisation and commercial operation of our sites.
By using third-party services, third-party providers may become aware of the IP address of the users of third-party content, i.e. this is necessary to carry out offers of third-party providers. The commissioned third-party providers may also use pixel tags to evaluate information on visitor traffic or for statistical or marketing purposes. Furthermore, this information may be saved in cookies and on user devices. These cookies may therefore contain technical information on the browser used, operating system, time of visit and other details on the use of our websites and also be linked with this information from other sources.
6. Web analysis services – data privacy at Google Analytics, Google AdWords, Conversion Tracking and Google Remarketing
Google uses this collected information to evaluate your website activity, to compile reports on website activities for the website operators and to supply us with further services related to website usage and internet usage. If necessary, Google will also transmit this information to third parties if this is legally required or if third parties are processing these data on behalf of Google.
Third-party providers, including Google, display advertisements on websites on the internet. Third parties, including Google, use stored cookies in order to display advertisements based on a user’s previous visits to our website.
However, we would like to point out that if you do so, you may not be able to use all functions of this website in full. By using this website, you agree to Google processing the data it has collected about you in the manner described above and for the aforementioned purpose. Consent for data collection and storage may be withdrawn at any time with effect for the future. You can find further information in Google’s terms and conditions here.
7. Online marketing networks
7.1 Use of Google Maps
7.2 Use of Facebook Ads
We use communication tools of the social network Facebook, particularly the Custom Audiences and Website Custom Audiences product operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). In doing so, an irreversible and non-personal hash total is generated from your usage data that can be transmitted to Facebook for analysis and marketing purposes. The Facebook cookie is used for the Website Custom Audiences product. Please read Facebook’s data privacy guidelines for further information on the purpose and scope of data collection and further processing and use of data by Facebook as well as your privacy setting options, which can be found at https://www.facebook.com/ads/website_custom_audiences/ and https://www.facebook.com/privacy/explanation. If you would like to reject Facebook Website Custom Audiences, you can do so at https://www.facebook.com/ads/website_custom_audiences/.
7.3 Use of SiteMinder channel manager
For bookings and queries via external booking platforms, our website uses techniques of the channel manager of SiteMinder Distribution Limited, Waterfront, Hammersmith Embankment, Manbre Road, London W6 9RH, United Kingdom (“SiteMinder”).
8. Third-party services – information on the use of Facebook, Google+, Twitter, Instagram, YouTube, Pinterest, Kununu, Xing, LinkedIn and Flickr
On the basis of our legitimate interests under Article 6 (1) f GDPR, we use the plug-ins listed below to analyse and optimise our offers.
Our website uses social plug-ins (“plug-ins”) of the social networks Facebook, Google+, microblogging services Twitter, Instagram as well as the services YouTube, Pinterest, Kununu, Xing, LinkedIn and Flickr. These services are offered by the companies Facebook Inc., Google Inc., Twitter Inc. and Instagram LLC., YouTube, Pinterest, Kununu, Xing, LinkedIn and Flickr (“providers”).
Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). You can obtain an overview of Facebook plug-ins and their structure here: https://developers.facebook.com/docs/plugins
Google+ is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). You can find an overview of Google plug-ins and what they look like here: https://developers.google.com/+/web/
Twitter is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (“Twitter”). You can find an overview of Twitter buttons and what they look like here: https://dev.twitter.com/web/overview
Instagram is operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”). You can find an overview of Instagram buttons and what they look like here: https://www.instagram.com/developer/embedding/
YouTube is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“YouTube”). You can find further information on YouTube here: https://developers.google.com/youtube/
Pinterest is operated by Pinterest Inc., 635 High Street, Palo Alto, CA 94301, USA (“Pinterest”). You can find further information on Pinterest here: https://developers.pinterest.com/tools/widget-builder/?
Xing is operated by XING AG, Dammtorstrasse 29-32, 20354 Hamburg, Germany (“Xing”). You can find more information on Xing plug-ins here: https://dev.xing.com/plugins
Kununu is operated by XING AG, Dammtorstrasse 29-32, 20354 Hamburg, Germany (“Xing“). You can find further information on Kununu here: https://kununuus.desk.com/customer/en/portal/articles/2434100-kununu-awards-top-company-and-open-company-
LinkedIn is operated by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA (“LinkedIn”). You can find an overview of LinkedIn buttons and what they look like here: https://developer.linkedin.com/plugins
Flickr is operated by Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089, USA (“Flickr”). You can find further information on Flickr here: https://Flickr.com/
If you access one of our website pages containing a plug-in of this type, your browser establishes a direct connection to the servers of Facebook, Google, Twitter, Instagram, YouTube, Pinterest, Kununu, Xing, LinkedIn or Flickr. The content of the plug-in is transferred from the respective provider directly to your browser, which incorporates it in the website. By incorporating the plug-in, the providers are notified that your browser has visited the corresponding page of our website, even if you do not have a profile or you are not even logged in. This information (including your IP address) is transmitted directly to the USA (or Germany) to a server of the respective provider and stored there.
If you are logged in to one of the services, the providers can directly assign your visit to our website to your profile on Facebook, Google+, Twitter, Instagram, YouTube, Pinterest, Kununu, Xing, LinkedIn or Flickr. If you interact with the plug-ins, for example if you press the “Like”, “+1”, “Twitter” or “Instagram” buttons, the corresponding information is also transferred directly to the server of one of the providers where it is stored there. The information is also published and shown to your contacts on the social networks on Facebook, Google+, Twitter, Instagram, YouTube, Pinterest, Kununu, Xing, LinkedIn or Flickr. Please consult the data privacy statements of those providers for the purpose and scope of data collection and for the further processing and use of data by the providers as well as your rights and privacy setting options:
Privacy statement of Facebook: http://www.facebook.com/policy.php
Privacy statement of Google+: https://www.google.de/intl/en/policies/privacy
Privacy statement of Twitter: https://twitter.com/privacy
Privacy statement of Instagram: https://help.instagram.com/155833707900388/
Privacy statement of YouTube: https://www.google.de/intl/en/policies/privacy
Privacy statement of Pinterest: https://about.pinterest.com/en/privacy-policy
Privacy statement of Kununu: https://privacy.xing.com/en/privacy-policy
Privacy statement of Xing: https://privacy.xing.com/en/privacy-policy
Privacy statement of Linkedin: https://www.linkedin.com/legal/privacy-policy
Privacy statement of Flickr: https://policies.yahoo.com/ie/en/yahoo/privacy/products/flickr/index.htm
If you do not want Facebook, Google+, Twitter, Instagram, YouTube, Pinterest, Kununu, Xing, LinkedIn or Flickr to assign the data collected through our website to your profile in the respective service, you must log out of the relevant service before visiting our website. You can also fully prevent the loading of plug-ins with add-ons for your browser, e.g. with the script blocker “NoScript” (http://noscript.net/).
9. Usage and disclosure of collected data to third parties
We use the personal data you have made available solely on an internal basis for the advised and agreed purposes:
- operation of our internet websites
- as a shareholder and member, for processing contracts concluded with you on the exercising of your rights of residence
- as a prospective customer, for processing the booking you requested of an introductory offer
- or very generally for answering your queries.
As such, data may be forwarded to the following recipients:
- public bodies or authorities that request data under statutory regulations (e.g. tax authorities, social security agencies, municipal administrations, courts, Federal Office of Statistics)
- internal functions involved in the execution and performance of the respective business processes (e.g. HR, Accounting, Marketing, Sales, IT, Legal and Service Points and the Member Services department) as well as Hapimag subsidiaries, if data subjects have given their written consent or transmission is permitted out of overriding legitimate interests
- external contractors (service companies) under Article 28 GDPR or Article 10a DPA
- other external bodies (e.g. banks, debt collection agencies, credit card companies, travel and indemnity insurance companies).
If you use our services, we only collect the personal data we need to provide the requested services. Any additional data collection is made on a voluntary basis and solely to safeguard our own legitimate business interests.
We only process and use your data with your express consent, or if there is legal justification, for the purposes of advice, marketing and market research. You may withdraw your declaration of consent at any time. Your data are neither sold, leased nor made available in any other way to third parties. Any processors specifically remain reserved. The transmission of personal data to government institutions and authorities is carried out solely within the framework of compulsory national legal provisions.
10. Guaranteeing security in data processing
Hapimag uses dedicated technical and organisational measures in accordance with relevant legal provisions to protect your data, which we manage against unlawful or unintended manipulation, loss, destruction or access by unauthorised persons. Our security measures are being constantly improved in line with technological developments to guarantee the protection aims of confidentiality, integrity and availability of your data.
11. Time limits for deleting data
Your personal data are only saved for as long as the purpose for which they were collected and processed has been fulfilled. Statutory storage obligations and time limits remain reserved. After these time limits expire, personal data are routinely deleted and, if they are in paper form, destroyed according to data protection requirements and in observance of specific precautions.
Statutory storage time limits:
- 15 years is the absolute limitation period under Swiss tax law, i.e. the right to demand tax is time-barred 15 years after the tax period has expired. After this period, Hapimag AG deletes all relevant membership-related data, provided they are no longer relevant for further performance of a contract.
- 10 years is the storage time limit for business correspondence (e-mails, letters, contracts, personnel files), annual reports, accounting books (balance sheet and income statements) and related booking records. The storage time limit begins with the end of the calendar year in which the last entries were made, correspondence was received or sent out, or booking vouchers created.
- Shorter storage time limits exist in HR administration (particularly for rejected application files) or for registration forms.
- For Hapimag subsidiaries the valid laws in the corresponding countries apply.
12. Data transmission to other countries
Data may only be transmitted to other countries as part of contract fulfilment, necessary communication as well as due to other exceptions expressly provided for in the relevant data protection laws.
Currently there is an exchange of guest master data between locations in resorts in Austria, the Czech Republic, Finland, France, Germany, Great Britain, Greece, Hungary, Italy, Morocco, the Netherlands, Portugal, Spain, Switzerland, Turkey, USA and the Headquarter in Steinhausen (Switzerland). There is also an exchange of data in our country-specific Area Offices as well as our Service Points in the Netherlands and Italy.
The exchange of data between the European Union and Switzerland is carried out in compliance with similarly high-level data protection laws in a data-compliant framework. The exchange of data within the European Union is carried out solely on the basis of the corresponding data protection guidelines of the European Union and/or applicable data protection laws of participating EU Member States.
The Hapimag subsidiaries in Morocco, Turkey and the USA are obliged to provide a reasonable level of data protection on the basis of the EU Standard Contractual Clauses. No data are transmitted to other countries, particularly those where data protection is deemed to be low, and there are currently no plans to do so.
13. Use of the mobile Hapimag App
The Hapimag App provides information on current activities in the resorts, gives recommendations for individual businesses in the area surrounding a resort (museums, restaurants, tourist attractions) and contains all information on the resort itself, all of which can also be found on the website (resort plan, facilities, pictures, travel information, weather report etc.).
When downloading the Hapimag App, the requisite information is transferred to the Apple App Store or Google Play Store (for the Android version), specifically user name, e-mail address, customer number of your account, time of download, payment information and individual device code numbers. We have no influence over this data collection and are therefore not responsible for it. We only process data if this is necessary for downloading the Hapimag App onto your mobile device.
Registration including the following personal data is required for the necessary performance and processing of offered services under Article 6 (1) b GDPR for specific activities: first name and last name, e-mail address, number of participants. The type of data collected for registration can be seen on the registration form and depends on the activity. Registration generates an e-mail to the resort where the activity is carried out.
In addition to the option of being informed about special events with push notifications, an apartment can be reserved in the resort via a link directly to the Booking Portal in the protected customer area, but only if membership and a user account exist.
The Hapimag App uses Google Analytics (see section 6 - Web analysis services) to analyse and optimise our offers based on legitimate interests under Article 6 (1) f GDPR. We only evaluate the information collected by Google in anonymous form for statistical purposes and to improve the app (e.g. number of users of the app per day, most popular features). Consent for data collection and storage may be withdrawn at any time with effect for the future. You can find further information in Google’s terms and conditions here.
If the Hapimag App is used without access to the internet, no personal data are collected. However, functionality will then be limited (e.g. no option to register for activities).
14. Rights of data subjects
Under GDPR, the data subject has the following rights over how his or her personal data are handled:
- Article 15: Right of access
- Article 16: Right to rectification
- Article 17: Right to erasure
- Article 18: Right to restriction of processing
- Article 20: Right to data portability
- Article 21: Right to object
There is also a right to lodge a complaint with a responsible data protection supervisory authority (Article 77 GDPR).
Comparable rights can also be found in the DPA in Articles 5 (Right to rectification), 8 and 9 (Right of access), 12, 13, 15 (Right to erasure, restriction of processing and objection) as well as in Articles 28 and 29 (Right to complain).
You may withdraw your consent for us to process your personal data at any time. This also applies to the withdrawal of declarations of consent that were given to us before the effective date of the GDPR, i.e. before 25 May 2018. Please note that withdrawal is only effective for the future. Processing carried out prior to the withdrawal is not affected by this.
15. Right to object under Article 21 GDPR
15.1 Specific right to object
You have the right to enter an objection (for reasons based on your particular situation) at any time against the processing of personal data concerning you that is carried out on the basis of Article 6 (1) e GDPR (data processing in the public interest) and Article 6 (1) f GDPR (data processing on the basis of the balance of interests).
If you enter an objection, we will no longer process your personal data, unless we can prove compelling legitimate reasons to do so that override your interests, rights and freedoms or the processing is used for asserting, exercising or protecting legal claims.
15.2 Right to object to processing of data for the purposes of direct marketing
In specific cases, we process your personal data to carry out direct marketing. You have the right at any time to object to the processing of data related to you for the purposes of such marketing.
16. Changes to this privacy statement
We reserve the right to periodically amend or update this privacy statement. Users are asked to regularly inform themselves about the content of the privacy statement.
This data privacy statement appears in German as well as in a translated English version.
17. Controller, representative and contact for data protection
17.1 Controller and owner of the data collection
CH – 6312 Steinhausen
Service Line 00800 3030 8080
If you have any questions or queries, you may contact us as follows:
Data Privacy Officer
CH – 6312 Steinhausen
Tel +41 58 733 70 10
Fax +41 58 767 89 20
E-Mail: [email protected]
17.2 Representative of Hapimag AG in the European Union
Hapimag Gesellschaft m.b.H.
AT – 1080 Wien
Tel +43 1 402 62 40
Fax +43 1 402 62 40 41
E-Mail: [email protected]