Privacy Policy

The following Privacy Policy applies to the use of our online offering at www.ferienemmenal.ch (hereinafter "Website").

We attach great importance to data protection. The collection and processing of your personal data is carried out in compliance with applicable data protection regulations.

1. Controller

The controller responsible for the collection, processing, and use of your personal data is Mag’s Ferienwohnungen Emmental, Sägegasse 86, 3556 Trub, Switzerland, Tel. +41 79 776 96 63 info@ferienemmental.ch.

If you wish to object to the collection, processing, or use of your data by us in accordance with this Privacy Policy, either in whole or in relation to specific measures, you may direct your objection to the controller. You may save and print this Privacy Policy at any time.

2. General Purposes of Processing

We use personal data for the purpose of operating the Website.

3. What Data We Use and Why

3.1 Hosting

The hosting services we use serve to provide the following: infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services, all of which we use for the purpose of operating the Website. In doing so, we or our hosting provider processes usage data, metadata, and communication data from customers, prospective customers, and visitors to this Website, on the basis of our legitimate interests in the efficient and secure provision of our Website.

3.2 Access Data

We collect information about you when you use this Website. We automatically record information about your usage behavior and your interaction with us and register data about your computer or mobile device. We collect, store, and use data about every access to our Website (so-called server log files). Access data includes the following:

Web server log file contains a domain, IP address, requests, user agent, timestamp, status code
Retention period: 7 days, accessible by the provider only
Email log file contains metadata (sender, recipient, time, IP address, size)
Retention period: 3 days

We use this log data without linking it to your person or creating any profile for statistical analysis for the purpose of operating, securing, and optimizing our Website, as well as for the anonymous recording of the number of visitors to our Website (traffic) and the extent and nature of use of our Website and services. This information allows us to analyze data traffic, identify and resolve errors, and improve our services.

This also constitutes our legitimate interest.

3.3 Cookies

We use so-called session cookies to optimize our Website. A session cookie is a small text file that is sent by the respective servers when you visit a website and temporarily stored on your hard drive. This file contains a so-called session ID, which allows various requests from your browser to be assigned to a shared session. This enables your device to be recognized when you return to our Website. These cookies are deleted when you close your browser. They are used, for example, to allow you to use the shopping cart function across multiple pages. Our legitimate interest in using cookies lies in making our Website more user-friendly, effective, and secure. The following types of data and information may be stored in cookies:

Captcha selection
Search terms

When a cookie is activated, it is assigned an identification number, and your personal data is not linked to this identification number. Your name, IP address, or similar data that would allow the cookie to be associated with you are not stored in the cookie. You can set your browser to notify you before cookies are placed and to decide on a case-by-case basis whether to accept cookies or to reject cookies in certain cases or entirely or to prevent cookies altogether. Please note that doing so may limit the functionality of the Website.

3.4 Data for Fulfilling Our Contractual Obligations

We process personal data that we require to fulfill our contractual obligations, such as name, address, email address, products ordered, and invoicing and payment data. The collection of this data is necessary for the conclusion of a contract. Data is deleted upon expiry of warranty periods and statutory retention periods. Data linked to a user account (see below) is retained for the duration of that account in any case.

3.5 Email Contact

When you contact us (e.g. via contact form or email), we process your details in order to handle your inquiry and any follow-up questions. If data processing is carried out to implement pre-contractual measures taken at your request, or if you are already our customer, to fulfill the contract. We only process additional personal data if you consent to this or if we have a legitimate interest in processing your data. A legitimate interest exists, for example, in responding to your email.

3.6 Use of Google Maps

This website contains an embedded map from Google Maps, a service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). No user data is transmitted to Google if you only view the map. However, clicking on the map may result in data being transmitted to Google Maps. You can prevent the storage of cookies by adjusting the settings in your browser software; however, please note that doing so may mean you are unable to use all features of this Website to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of the Website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

4. Retention Period

Unless otherwise specified, we store personal data only for as long as necessary to fulfill the purposes for which it was collected. In some cases, the law requires the retention of personal data, for example under tax or commercial law. In such cases, the data is retained solely for these statutory purposes but is not processed for any other purpose and is deleted once the statutory retention period has expired.

5. Your Rights as a Data Subject

Under applicable law, you have various rights regarding your personal data. To exercise these rights, please submit your request by email or post, with clear identification of your person, to the address stated in Section 1. An overview of your rights is provided below.

5.1 Right to Confirmation and Access

You have the right to clear information about the processing of your personal data. Specifically, you have the right at any time to obtain confirmation from us as to whether personal data concerning you is being processed. If this is the case, you have the right to obtain from us, free of charge, information about the personal data stored about you, along with a copy of that data. You also have the right to the following information:

the purposes of processing;
the categories of personal data being processed;
the recipients or categories of recipients to whom the personal data has been or will be disclosed, particularly recipients in third countries or international organizations;
where possible, the intended retention period for the personal data, or if this is not possible, the criteria used to determine that period;
the existence of a right to request rectification or erasure of personal data concerning you, or restriction of processing by the controller, or a right to object to such processing;
the right to lodge a complaint with a supervisory authority;
where personal data is not collected directly from you, all available information about its origin;
the existence of automated decision-making, including profiling, and at least in those cases meaningful information about the logic involved and the significance and intended consequences of such processing for you.

Where personal data is transferred to a third country or an international organization, you have the right to be informed of the appropriate safeguards in connection with the transfer.

5.2 Right to Rectification

You have the right to request that we correct and, where applicable, complete personal data concerning you. Specifically, you have the right to request that we promptly correct any inaccurate personal data concerning you. Taking into account the purposes of processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary statement.

5.3 Right to Erasure ("Right to be Forgotten")

In a number of cases, we are obliged to erase personal data concerning you. Specifically, you have the right to request that we erase personal data concerning you without undue delay, and we are obliged to erase personal data without undue delay where one of the following grounds applies:

The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
You withdraw your consent on which the processing was based, and there is no other legal basis for the processing.
You object to the processing, and there are no overriding legitimate grounds for the processing, or you object to the processing.
The personal data has been processed unlawfully.
Erasure is necessary to comply with a legal obligation under Union law or the law of a member state to which we are subject.
The personal data was collected in connection with information society services offered.

Where we have made the personal data public and are obliged to erase it, we shall take reasonable steps, including technical measures, taking into account available technology and the cost of implementation, to inform controllers processing the personal data that you have requested the erasure of all links to, or copies or replications of, that personal data.

5.4 Right to Restriction of Processing

In a number of cases, you are entitled to request that we restrict the processing of your personal data. Specifically, you have the right to request restriction of processing where one of the following applies:

you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data;
the processing is unlawful and you have opposed erasure of the personal data and requested restriction of its use instead;
we no longer need the personal data for the purposes of processing, but you require it for the establishment, exercise, or defense of legal claims; or
you have objected to processing, pending verification of whether our legitimate grounds override yours.

5.5 Right to Data Portability

You have the right to receive, transmit, or have us transmit personal data concerning you in a machine-readable format. Specifically, you have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used, and machine-readable format, and you have the right to transmit that data to another controller without hindrance from us, where:

the processing is based on consent or on a contract; and
the processing is carried out by automated means.

In exercising your right to data portability, you have the right to have the personal data transmitted directly from us to another controller, where technically feasible.

5.6 Right to Object

You have the right to object to lawful processing of your personal data by us where this is justified by your particular situation and our interests in the processing do not override yours. Specifically, you have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you, including profiling based on those provisions. We will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.

Where personal data is processed by us for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you for scientific or historical research purposes or statistical purposes, unless the processing is necessary for the performance of a task carried out in the public interest.

5.7 Automated Decisions Including Profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. No automated decision-making on the basis of the personal data collected takes place.

5.8 Right to Withdraw Consent

You have the right to withdraw your consent to the processing of personal data at any time.

5.9 Right to Lodge a Complaint with a Supervisory Authority

You have the right to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of personal data relating to you is unlawful.

6. Disclosure of Data to Third Parties

As a general rule, we use your personal data only within our own organization. Where and to the extent that we engage third parties in the fulfillment of contracts (such as logistics service providers), they receive personal data only to the extent necessary for the relevant service. In cases where we outsource certain parts of data processing ("commissioned processing"), we contractually require processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the rights of the data subject.

7. Integration of the Booking and Checkout Process via Smoobu

7.1 Integration of the Booking and Checkout Process via Smoobu

For the processing of booking requests and reservations for our vacation accommodation, we use the service Smoobu, operated by Smoobu GmbH, Pappelallee 78/79, 10437 Berlin, Germany. Smoobu provides us with an online booking system which we integrate directly into our website. When you make a booking or submit a corresponding inquiry via the integrated form, the data you enter is processed through Smoobu’s systems.

What data is processed?
As part of the Smoobu checkout process, the following personal data may be collected and processed:

First and last name
Contact information (email address, phone number, address)
Booking data (length of stay, number of guests, pricing)
Payment information (where payment is made online; payment processing is handled by payment service providers integrated by Smoobu)
Technical data (e.g. IP address, date and time of use)

Purpose of processing
Processing is carried out for the purpose of:

Processing and managing bookings
Communication related to your inquiry or reservation
Invoicing and payment processing
Fulfilling legal obligations (e.g. statutory retention requirements)

Legal basis under Swiss Data Protection Act (DSG)

Data processing is based on Art. 6 Para. 1 DSG—data processing in connection with the fulfillment of a contract or for the implementation of pre-contractual measures—and Art. 6 Para. 2 lit. b DSG—protection of overriding interests (e.g., efficient operation of the booking system).

Location of processing and data transfers abroad
Smoobu processes data primarily in Germany and may engage sub-processors. Germany is recognized by the Swiss Federal Data Protection and Information Commissioner (FDPIC) as providing an adequate level of data protection. Where data is transferred to other countries without a recognized adequate level of protection, Smoobu ensures appropriate safeguards (e.g., standard contractual clauses).

Retention period
Your data is stored only for as long as necessary for the processing of the booking, to fulfill legal obligations (e.g., statutory tax retention requirements), or to establish, exercise, or defend legal claims.

8. Questions and Contact

If you have any further questions or concerns about data protection, please contact us at info@ferienemmental.ch.