We, Bergbahnen Engstligenalp AG, hereinafter “BERGBAHN”, inform you with this privacy policy about the collection of personal data during your visit to the BERGBAHN websites. By accessing BERGBAHN’s websites, you agree to this privacy policy. Please note that in the course of content and technical developments of these websites as well as new legal provisions, certain updates of this privacy policy may become necessary. We therefore recommend that you re-read this privacy policy from time to time.
Legal basis and our application as a company
As a tourism and public transport company, we are aware of our responsibility and handle customer data confidentially and comply with the following legislation. However, if defects or incorrect applications occur, they are not intentional and will be corrected and changed as soon as they are detected.
The totally revised Swiss Data Protection Act (DPA) and the implementing provisions in the new Data Protection Ordinance (DPO) and the new Ordinance on Data Protection Certifications (DPC) will apply from September 1, 2023.
The EU’s new General Data Protection Regulation (GDPR) has been in force since May 2018. Although the regulation was introduced in the European Union, the new General Data Protection Regulation applies both to Swiss companies that have a branch in the EU and to companies that have their registered office in Switzerland but operate on EU territory.
Internally, we have strict guidelines as to which group of people can access which data. All our employees have signed a written data protection declaration in which it is stated how data may be handled in which area and in what way, and that the employee has understood the meaning, purpose and consequences of the applicable data protection laws in principle and applies them.
Definition of “personal data”
“Personal data” means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
As a visitor to BERGBAHN’s websites, personally identifiable information is any information that can be personally identified with you, such as your name, address, email address, telephone number, photograph, credit card number or user behavior.
Use, utilization and consent of your personal data
You agree that if you make use of/use our following purposes, we may use your data in accordance with this privacy policy. Type, scope and purpose of use of personal data
We process your personal data for the following purposes:
– Processing of purchases, orders, bookings on our booking systems for the creation/provision of tickets, accommodation, event and event management, reservations of our offers, etc.
– Presentation and technical and content optimization of our websites
– Inquiries via the contact form
– Newsletter registration
– Data security and security of the websites
– Creation of usage statistics
– Marketing purposes
Presentation of the websites
When you visit the BERGBAHN websites, our servers automatically and temporarily store the following data:
– the IP address of the requesting computer
– the date and time of access
– the name and URL of the file accessed
– the website from which access was made
– the operating system of your computer and the browser used
– the country from which access was made and the language settings of the respective web browser
– the name of the Internet access provider
When visiting the websites of BERGBAHN, the user gives his conclusive consent to the temporary storage of the IP address of his terminal device (cf. Art. 6 para. 1 lit. a DSGVO). This data is stored and processed for a short period of time to enable the use of BERGBAHN’s websites (connection establishment), to ensure system security and stability on a permanent basis, to optimize our Internet offering and to keep internal statistics. The data will be deleted as soon as they are no longer necessary to achieve these purposes. Further data processing or personal evaluations do not take place, except in connection with technical security incidents, behavior contrary to the terms of the contract or criminal acts.
Use of our contact form
You have the option of using a contact form to get in touch with us. The following personal data must be entered:
– title
– first name and surname
– address (street, house number, town, zip code (optional)
– telephone number (optional)
– email address
We will flag the mandatory inputs: Failure to provide this information may hinder the delivery of our services. The provision of other information is optional and does not affect the use of our website. We use this data only to be able to answer your contact request in the best possible and personalized way. In the processing of your contact request is our legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
Posts and comments
If you leave a post or comment on this website, your IP address will be saved. This is done on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO and serves the security of us as website operator: Because if your comment violates applicable law, we can be prosecuted for it, which is why we have an interest in the identity of the comment or post author.
Registration for our newsletter
You have the option of subscribing to our newsletter on our website. This requires registration with the following data:
– e-mail address
– optional: title, first name and surname
This data is needed to personalize the information and offers sent to you and to better target them to your interests. By registering, you authorize the processing of the data provided for the regular sending of our newsletter to the e-mail address you have provided. Furthermore, BERGBAHN uses this data for the statistical evaluation of user behavior and the optimization of the newsletter. This consent constitutes in the sense of Art. 6 para. 1 lit. a DSGVO constitutes our legal basis for processing your e-mail address.
We use third-party email marketing services to send our newsletter. Our newsletter may therefore contain a so-called web beacon (tracking pixel) or similar technical means. A web beacon is a 1×1 pixel invisible graphic associated with the user ID of the respective newsletter subscriber. The recourse to appropriate services allows the evaluation of whether the e-mails with our newsletter have been opened. In addition, the click behavior of the recipients can be recorded and evaluated. We use this data for statistical purposes and to optimize the newsletter in terms of content and structure. This enables us to better tailor the information and offers therein to the individual interests of the respective recipient. The tracking pixel is deleted when you delete the newsletter. To prevent tracking pixels in our newsletter, please set your mail program to not display HTML in messages.
With a link at the end of each newsletter you can unsubscribe at any time. Within this framework, you can optionally inform us of the reason for deregistration. After that, your personal data will be deleted. Further processing only takes place in anonymized form for the optimization of our newsletter.
Registration for our image database
A selection of images can be obtained from the database on our website. In principle, no personal account is necessary for this. However, especially for frequent visits, registration is recommended. For this purpose, we require the following information from you:
– Email address
– Freely chosen password Purchase, order, booking and reservation
On our websites, web store and our booking portals (which we use/apply as a licensee), offers can be booked or reserved in various ways and information material or other services can be ordered. Depending on the service, various personal data are collected, such as:
– Title and/or company
– First name and surname
– Address (street, house number, zip code, town, country)
– Other contact details (e-mail address, telephone number)
– Photo
– Ski pass card details
– Credit card details, if applicable
Without the information marked as necessary, the booking services may not function optimally. The legal basis for the data collection is found in the fulfillment of a contract within the meaning of Art. 6 para. 1 lit. b GDPR.
Participation in prize draws and competitions
When participating in prize draws and competitions offered on this website, personal data, namely title, first name, surname, address, postcode/city and email address, is collected. This data is required for the implementation of the competition, in particular for the allocation of the participation requests to the respective participants as well as for the determination and notification of the winners – in accordance with the competition conditions and Art. 6 para. 1 lit. b DSGVO for the performance of the contract – necessary. By participating in the competition, the user gives his/her conclusive consent (cf. Art. 6 para. 1 lit. a DSGVO) that his/her entered, personal data may be stored by BERGBAHN and used for the implementation of the relevant competition as well as for the determination and notification of the winners. The personal data received will only be processed and used by BERGBAHN to the extent that it is necessary for the implementation of the competition. The personal data of the respective participant will be stored for the duration of the competition or for a maximum of three years and then deleted.
Telephone contact for bookings, reservations, registrations, etc.
We base data processing when you contact us on our legitimate interest as a legal basis or, if your contact is aimed at concluding a contract, booking, reservation, etc., on the implementation of the pre-contractual measures requested by you. Webcams
The service providers of the Adelboden-Lenk-Kandersteg destinations have installed a webcam at various locations.
The purpose of these webcams (cameras) is to provide images of the current conditions on site. The livestream can be found on the BERGBAHN websites and thus on the public internet. This data processing is carried out in accordance with Art. 6 para. 1 lit e DSGVO for the performance of a task that is in the public interest.
Personalized marketing
We use social media plugins (interfaces to social networks) and pixels on our websites to display personalized advertising and to use web analysis services. You will find more details on this below. On our website, we offer personalized services and information (on-site targeting). For this purpose, we collect, use and analyze the data during your visit to the BERGBAHN websites. If necessary, so-called “cookies” may also be used (see below). The analysis of your user behavior can also lead to the creation of a so-called usage profile. However, the data is only merged using a pseudonym.
Facebook and Twitter pixels
We use Facebook and Twitter pixels on the BERGBAHN websites for personalized marketing in social networks. If someone has an account with these social networks and is logged in there at the time of the page visit of BERGBAHN, this pixel links the page visit with the respective account. Log out of your respective account before visiting the site to prevent a link. You can make further settings for advertising in the respective social networks in your user profile. We base the creation of pseudonymized user profiles for advertising and analysis purposes on a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. This applies to all data processing operations listed. The legitimate interest consists in direct marketing and analysis of the use of our website.
Facebook pixel
Our website uses the visitor action pixel from Facebook, Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) to measure conversions.
This allows the behavior of site visitors to be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This allows the effectiveness of Facebook ads to be evaluated for statistical and market research purposes and future advertising measures to be optimized.
The data collected is anonymous to us as the operator of this website; we cannot draw any conclusions about the identity of users. However, the data is stored and processed by Facebook, so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes, in accordance with the Facebook Data Use Policy. This enables Facebook to serve ads on Facebook pages as well as outside of Facebook. This use of the data cannot be influenced by us as the website operator.
You can find further information on protecting your privacy in Facebook’s data protection information: https://www.facebook.com/about/privacy/.
You can also deactivate the remarketing function “Custom Audiences” in the settings for advertisements under facebook.ads.preferences. To do this, you must be logged in to Facebook.
If you do not have a Facebook account, you can deactivate usage-based advertising from Facebook on the website of the European Interactive Digital Advertising Alliance: Preference Management. Twitter pixel
On our website, we use the visitor action pixel of Twitter Inc, 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (“Twitter”) for statistical purposes. The pixel enables us to track the behavior of users after they have been redirected to our website by clicking on a Twitter ad. This procedure is used to evaluate the effectiveness of Twitter advertisements for statistical and market research purposes and can thus help to optimize future advertising measures.
The data collected in this way does not allow us to draw any conclusions about the identity of the users.
However, the data is stored and processed by Twitter so that a connection to the profile of the respective user is possible and Twitter can use the data for its own advertising purposes. This data may enable Twitter and its partners to serve ads on and off Twitter. Furthermore, a cookie may be stored and read on users’ computers for these purposes.
Social media plugins
Social media plugins are used on our website. We currently use the following social media plug-ins: [Facebook, Twitter, Instagram, YouTube]. These elements are disabled by default on our website and therefore do not send any data. You can activate the plugins by clicking on the corresponding social media button. In this case, your web browser establishes a direct connection with the servers of the respective social network as soon as you call up one of our websites. The content of the plugin is transmitted by the social network directly to your web browser and integrated by it into the website. The plugins can be deactivated again with one click. BERGBAHN has no influence on the data collected by the respective social networks. For more information on the data collected and data processing operations, please refer directly to the respective social networks and their respective privacy statements.
The plug-in provider stores the data collected about you as usage profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (also for users who are not logged in) for the display of tailored advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right. Through the plug-ins, we offer you the opportunity to interact with the social networks and other users, so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plug-ins is Art. 6 para. 1 p. 1 lit. f GDPR.
The data transfer takes place regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in to the plug-in provider, the data we collect is directly assigned to your account with the plug-in provider. If you click the activated button and link to the page, for example, the plug-in provider also saves this information in your user account and shares it publicly with your contacts. We recommend that you log out regularly after using a social network, but especially before activating the button, as this allows you to avoid an assignment to your profile with the plug-in provider.
For more information on the purpose and scope of data collection and its processing by the plug-in provider, please refer to the privacy statements of these providers, which are communicated below. There you will also receive further information about your rights in this regard and setting options for protecting your privacy.
Addresses of the respective plug-in providers and URL with their data protection notices:
a) Facebook, Inc, 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; further information on data collection: http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-on-other#applications and http://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
b) Twitter, Inc, 1355 Market St, Suite 900, San Francisco, California 94103, USA; https://twitter.com/privacy. Twitter has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
c) Instagram, Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. Information regarding the processing of your personal data by Instagram can be found in their privacy policy: http://instagram.com/about/legal/privacy/
d) YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. Further information on the handling of user data can be found in YouTube’s privacy policy at: https://www.google.de/intl/de/policies/privacy
e) Pinterest, Inc., 651 Brannan Street, San Francisco, CA 94103, USA; Information regarding the processing of your personal data by Pinterest can be found in their privacy policy: https://policy.pinterest.com/de/privacy-policy
Cookies
Definition, types and use
The BERGBAHN websites use so-called “cookies”. These are small information files that your web browser automatically stores on your computer’s hard drive when you visit our websites. Cookies cannot execute programs or transfer viruses to your computer. They serve only to make the BERGBAHN website as a whole more user-friendly and effective.
BERGBAHN uses the following types of cookies on its websites:
– session cookies: temporary files that are deleted when the web browser is closed;
– persistent cookies: these cookies remain when the web browser is closed, but the user can delete them themselves;
– mandatory cookies: these are cookies that are required for the operation of the website. These include, for example, cookies that enable logging into secure areas of the website.
Furthermore, cookies from third parties are used on BERGBAHN websites (e.g. Google Maps and Google Analytics). They are used to monitor your surfing behavior on BERGBAHN websites. This is done for the purpose of demand-oriented design and continuous optimization of our websites. Their operation and purposes are described in more detail below. However, you can configure your web browser so that no cookies are stored on your computer or a notice always appears when you receive a new one. Disabling cookies may prevent you from using all the features of our website.
Google Maps
We use the “Google Maps” component of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter “Google”, on our website.
Each time the “Google Maps” component is called up, Google sets a cookie to process user settings and data when the page on which the “Google Maps” component is integrated is displayed. As a rule, this cookie is not deleted when the browser is closed, but expires after a certain period of time, unless you delete it manually beforehand.
Google Maps is used in the interest of an appealing presentation of our online offers and to make it easy to find the places we have indicated on the website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
If you do not agree to this processing of your data, you have the option of deactivating the “Google Maps” service and thus preventing the transfer of data to Google. To do this, you must disable the Java Script function in your browser. However, we would like to point out that in this case you will not be able to use “Google Maps” or only to a limited extent. The use of “Google Maps” and the information obtained via “Google Maps” is in accordance with the Google Terms of Use https://policies.google.com/privacy.
Google Adwords and Doubleclick
We use Google AdWords Remarketing and Doubleclick by Google, services of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”), to serve ads based on the use of previously visited websites. Google uses the so-called DoubleClick cookie for this purpose, which enables your browser to be recognized when visiting other websites. The information generated by the cookie about your visit to this technology (including your IP address) will be transmitted to and stored by Google on servers in the United States (for more information on transfers of personal data to the United States, see “Transfer of personal data abroad” below). Google will use this information for the purpose of evaluating your use of the technology in relation to the advertisements to be displayed, compiling reports on website activity and advertisements for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. However, Google will not associate your IP address with any other data held by Google.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will first be truncated by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area.
Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by clicking on the link below.
Further information on the use of data for advertising purposes by Google, setting and objection options can be found on Google’s websites: https://policies.google.com/technologies/partner-sites (“Data use by Google when you use our partners’ websites or apps”), http://www.google.com/policies/technologies/ads (“Data use for advertising purposes”), http://www.google.de/settings/ads (“Manage information that Google uses to show you advertising”) and http://www.google.com/ads/preferences (“Determine which advertising Google shows you”). Google Analytics Remarketing
Our websites use the functions of Google Analytics Remarketing in conjunction with the cross-device functions of Google AdWords and Google DoubleClick. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
This function makes it possible to link the advertising target groups created with Google Analytics Remarketing with the cross-device functions of Google AdWords and Google DoubleClick. In this way, interest-based, personalized advertising messages that have been adapted to you depending on your previous usage and surfing behavior on one end device (e.g. cell phone) can also be displayed on another of your end devices (e.g. tablet or PC).
If you have given your consent, Google will link your web and app browsing history to your Google account for this purpose.
In this way, the same personalized advertising messages can be displayed on every device on which you log in with your Google account.
To support this feature, Google Analytics collects google-authenticated IDs of users that are temporarily linked to our Google Analytics data to define and create target groups for cross-device ad advertising.
You can permanently object to cross-device remarketing/targeting by deactivating personalized advertising in your Google account; follow this link: https://www.google.com/settings/ads/onweb/.
The aggregation of the collected data in your Google account is based solely on your consent, which you can give or revoke at Google (Art. 6 para. 1 lit. a DSGVO). In the case of data collection processes that are not merged in your Google account (e.g. because you do not have a Google account or have objected to the merger), the collection of the data is based on Art. 6 para. 1 lit. f GDPR. The legitimate interest arises from the fact that the website operator has an interest in the anonymized analysis of website visitors for advertising purposes.
Further information and the data protection provisions can be found in Google’s privacy policy at: https://www.google.com/policies/technologies/ads/. Disclosure of data to third parties
We will only disclose your personal data if you have expressly consented to this, if there is a legal obligation to do so or if this is necessary to enforce our rights – in particular to enforce claims arising from the relationship between you and BERGBAHN.
In addition, we disclose your data to third parties to the extent necessary in the context of the use of the website, for the provision of the services you have requested and for the analysis of your user behavior.
Transfer of personal data abroad
BERGBAHN is also entitled to transfer your personal data to third-party companies (contracted service providers) abroad if this is necessary for the data processing described in this privacy policy. These companies are obligated to data protection to the same extent as we are. If the level of data protection in a country is below that in Switzerland or the EU, we contractually ensure that the protection of your personal data corresponds to that in Switzerland or the EU at all times.
Data security
Please note that contact with BERGBAHN and its partners – such as via the contact form, registration for the newsletter or use of the image database – takes place via the Internet and is therefore an open network accessible to everyone. Although the data between you and BERGBAHN’s websites is transmitted in encrypted form (encrypted websites), certain transport connection data such as the sender and recipient addresses remain unencrypted.
We use appropriate technical and organizational security measures to protect your personal data stored with us against manipulation, partial or complete loss and against unauthorized access by third parties. This system is continuously improved in line with technological developments. Nevertheless, you should always keep your account credentials and payment information confidential and close the browser window when you have finished communicating with us – especially if you share the computer with others. Adequate protection of your computer and devices is your responsibility.
We also take internal data protection very seriously. Our employees and the service companies commissioned by us have been obligated by us to maintain confidentiality and to comply with the provisions of data protection law.
Furthermore, BERGBAHN shall not be liable for loss of profit, loss of data or other direct, indirect or consequential damage resulting from access to elements of BERGBAHN’s websites or their use or the impossibility of accessing or using them or from links to other websites or from technical faults.
Retention of personal data
We only store personal data for as long as is necessary,
– to use the above-mentioned tracking, advertising and analysis services within the scope of our legitimate interest;
– to provide services that you have requested or for which you have given your consent (e.g. for the newsletter) to the extent specified above;
– to comply with our legal obligations, such as accounting and invoice documents from the accounting department, registration certificates (e.g. hotel accommodation for the municipality/police);
Contractual data is retained by us for longer periods of time, as this is required by legal retention obligations. The latter result from accounting regulations and tax law. These require that business communications, concluded contracts and accounting records must be kept for up to 10 years or, with respect to users residing in France, for up to 5 years. Insofar as we no longer need this data to perform the services for you, the data will be blocked. This means that the data may then only be used for accounting and tax purposes.
Your rights
In accordance with the Swiss Data Protection Act and the European General Data Protection Regulation, you have certain rights with regard to the processing of your personal data. These are in particular the following rights:
Right to information:
You have the right to request information about your personal data from us free of charge. Right to rectification and erasure:
You also have the right to have inaccurate data rectified and your personal data erased.
However, this only applies insofar as this does not conflict with any legal obligation to retain the data or with any permissible circumstances that allow us to process the data.
Right to restriction of processing:
In accordance with Articles 18 and 21 GDPR, you also have the right to request the restriction of data processing or to object to such processing. Right to object:
You can object to the processing of your personal data at any time.
To do so, please send a message to the following address: info@engstligenalp.ch.
Right to lodge a complaint:
You have the right to lodge a complaint about the processing of your personal data by BERGBAHN with the competent data protection supervisory authority at any time. Who is responsible for data protection
Do you have any questions about this privacy policy?
Or would you like to exercise your data protection rights, such as the right of access to your own personal data, the right of rectification or the right of deletion? Then you can contact the following:
Data Protection Officer of Bergbahnen Engstligenalp AG
Dominik Honegger
Bergbahnen Engstligenalp AG
Unter dem Birg
CH-3715 Adelboden
E-mail: info@engstligenalp.ch
Applicable law and place of jurisdiction
Any disputes between visitors/users of the website and the mountain railroad arising from the operation/visit/use of the website shall be subject to the exclusive jurisdiction of the courts at the registered office of Bergbahnen Engstligenalp AG. Swiss law is exclusively applicable.
Only the German language version of the Privacy Policy is considered legally valid, the translations of the Privacy Policy are not legally valid.
Last change of this privacy policy: 23.08.2023
