Privacy policy

In this privacy policy, we provide information about which personal data we collect in connection with our activities and operations including our www.barrysrestaurant.ch-Website. Wir informieren insbesondere, wofür, wie und wo wir welche Personendaten bearbeiten. Wir informieren ausserdem über die Rechte von Personen, deren Daten wir bearbeiten.

In particular, we provide information on why, how and where we process which personal data. We also provide information about the rights of persons whose data we process.

We are subject to Swiss data protection law as well as any applicable foreign data protection law, in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognises that Swiss data protection law guarantees adequate data protection.

1. Contact addresses

Responsibility for the processing of personal data:

Gisela Heller
Heller Gastro AG
Dorftrasse 133
3818 Grindelwald

datenschutz@hellergastro.ch

We would like to point out if there are other controllers for the processing of personal data in individual cases.

1.1 Data protection officer or data protection consultant

We have the following data protection officer or data protection advisor as a point of contact for data subjects and authorities for enquiries relating to data protection:

Gisela Heller
Heller Gastro AG
Dorfstrasse 133
3818 Grindelwald

datenschutz@hellergastro.ch

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

We have the following data protection representation in accordance with Art. 27 DSGVO:

VGS Datenschutz­partner GmbH
Am Kaiserkai 69
20457 Hamburg
Deutschland

info@datenschutzpartner.eu

The Data Protection Representation serves as an additional point of contact for data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) for enquiries relating to the GDPR.

2. Terms and legal bases

2.1 Terms

Personal data is any information relating to an identified or identifiable natural person. A data subject is a person about whom we process personal data.

Processing includes any handling of personal data, regardless of the means and procedures used, for example the retrieval, comparison, adaptation, archiving, storage, reading, disclosure, procurement, collection, recording, deletion, disclosure, organisation, storage, modification, dissemination, linking, destruction and use of personal data.

The European Economic Area (EEA) comprises 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 basis

We process personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (Data Protection Act, DPA) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

We process – if and insofar as the General Data Protection Regulation (GDPR) is applicable – personal data in accordance with at least one of the following legal bases:

• Art. 6 Abs. 1 lit. b DSGVO for the necessary processing of personal data for the fulfilment of a contract with the data subject and for the implementation of pre-contractual measures.
• Art. 6 Abs. 1 lit. f DSGVO for the necessary processing of personal data in order to protect the legitimate interests of us or third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our interest in being able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner and to communicate about them, to ensure information security, to protect against misuse, to enforce our own legal claims and to comply with Swiss law.
• Art. 6 Abs. 1 lit. c DSGVO for the necessary processing of personal data to fulfil 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 DSGVO for the necessary processing of personal data for the performance of a task carried out in the public interest.
• Art. 6 Abs. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.
• Art. 6 Abs. 1 lit. d DSGVO for the necessary processing of personal data in order to protect the vital interests of the data subject or another natural person.

3. Type, scope and purpose

We process the personal data that is required to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. Such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data as well as contract and payment data.

We process personal data for as long as is necessary for the respective purpose(s) or required by law. Personal data that no longer needs to be processed is anonymised or deleted.

We may have personal data processed by third parties. We may process personal data jointly with third parties or transfer it to third parties. Such third parties are, in particular, specialised providers whose services we use. We also guarantee data protection for such third parties.

We only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons. Processing without consent may be permitted, for example, for the fulfilment of a contract with the data subject and for corresponding pre-contractual measures in order to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.

In this context, we process in particular information that a data subject voluntarily provides to us when contacting us – for example by post, email, instant messaging, contact form, social media or telephone – or when registering for a user account. We may store such data in an address book, in a customer relationship management system (CRM system) or with comparable tools, for example. If we receive data about other persons, the transmitting persons are obliged to guarantee data protection for these persons 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, if and to the extent that such processing is permitted by law.

4. Applications

We process personal data about applicants to the extent necessary to assess their suitability for an employment relationship or for the subsequent performance of an employment contract. The required personal data results in particular from the information requested, for example in the context of a job advertisement. We also process the personal data that applicants voluntarily provide or publish, in particular as part of cover letters, CVs and other application documents as well as online profiles.

We process – if and insofar as the General Data Protection Regulation (GDPR) is applicable – personal data about applicants, in particular in accordance with Art. 9 Abs. 2 lit. b DSGVO.

We may allow applicants to add their details to our talent pool so that they can be considered for future vacancies. We may also use such information to maintain contact and provide updates. If we believe that an applicant is suitable for a vacancy based on the information provided, we may inform the applicant accordingly.

We use third-party services to advertise jobs via e-recruitment and to enable and manage applications.

We use the onlyfy service from New Work SE, Am Strandkai 1, 20457 Hamburg, Germany, for application management. onlyfy is the central platform for our applicant management. When you use our online form, your personal data is recorded directly in onlyfy. Your data can also be transferred to the e-recruiting system in the event of a postal or e-mail application.

Further information can be found in Onlyfy’s privacy policy: https://onlyfy.com/de/datenschutz/

5. Personal data abroad

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it or have it processed there.

We may export personal data to all countries and territories on earth and elsewhere in the universe, provided that the law there guarantees adequate data protection in accordance with the decision of the Swiss Federal Council and – if and insofar as the General Data Protection Regulation (GDPR) is applicable – in accordance with the decision of the European Commission.

We may transfer personal data to countries whose laws do not guarantee adequate data protection, provided that data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or with other suitable guarantees. Exceptionally, we may export personal data to countries without adequate or appropriate data protection if the special requirements under data protection law are met, for example the express consent of the data subjects or a direct connection with the conclusion or fulfilment of a contract. We will be happy to provide data subjects with information about any guarantees or provide a copy of any guarantees upon request.

6. Rights of data subjects

6.1 Data protection claims

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

• Information: Data subjects can request information as to whether we process personal data about them and, if so, what personal data is involved. Data subjects also receive the information required to assert their data protection claims and ensure transparency. This includes the processed personal data as such, but also information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries and the origin of the personal data.
• Correction and restriction: Data subjects can have incorrect personal data corrected, incomplete data completed and the processing of their data restricted.
• Erasure and objection: Data subjects can have their personal data erased (“right to be forgotten”) and object to the processing of their data with effect for the future.
• Data disclosure and data transfer: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.

We may postpone, restrict or refuse the exercise of the rights of data subjects to the extent permitted by law. We may inform data subjects of any requirements that must be met in order to exercise their rights under data protection law. For example, we may refuse to provide information in whole or in part with reference to business secrets or the protection of other persons. For example, we may also refuse to delete personal data in whole or in part with reference to statutory retention obligations.

In exceptional cases, we may charge costs for the exercise of rights. We will inform affected persons of any costs in advance.

We are obliged to take appropriate measures to identify data subjects who request information or assert other rights. Data subjects are obliged to cooperate.

6.2 Right to complain

Data subjects have the right to enforce their data protection claims by legal means or to lodge a complaint with a competent data protection supervisory authority.

The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Eidgenössische Datenschutz- und Öffentlichkeitsbeauftragte (EDÖB).

Data subjects have the right – if and insofar as the General Data Protection Regulation (GDPR) is applicable – to lodge a complaint with a competent European data protection supervisory authority.

7. Data security

We take suitable technical and organisational measures to ensure data security appropriate to the respective risk. However, we cannot guarantee absolute data security.

Our website is accessed using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated to HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.

Our digital communication – like any digital communication in general – is subject to mass surveillance without cause or suspicion and other surveillance by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police forces and other security authorities.

8. Use of the website

8.1 Cookies

We may use cookies. Cookies – our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) – are data that are stored in the browser. Such stored data need not be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as “session cookies” or for a certain period of time as so-called permanent cookies. “Session cookies” are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies make it possible to recognise a browser the next time it visits our website and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example.

Cookies can be fully or partially deactivated and deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We actively request your express consent to the use of cookies – at least if and to the extent necessary.

For cookies that are used to measure success and reach or for advertising, a general objection (“opt-out”) is possible for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

8.2 Server log files

We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, last website accessed in the same browser window (referrer).

We store such information, which may also constitute personal data, in server log files. The information is required in order to provide our website in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data – also by third parties or with the help of third parties.

8.3 Tracking pixel

We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels – including those from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. Tracking pixels can be used to collect the same information as server log files.

9. Notifications and messages

We send notifications and messages by e-mail and via 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 an individual message has been opened and which web links have been clicked on. Such web links and tracking pixels can also record the use of notifications and messages on a personalised basis. We require this statistical recording of usage for measuring success and reach in order to be able to send notifications and messages in an effective, user-friendly, permanent, secure and reliable manner based on the needs and reading habits of the recipients.

9.2 Consent and objection

In principle, you must expressly consent to the use of your e-mail address and your other contact addresses, unless the use is permitted for other legal reasons. Wherever possible, we use the “double opt-in” procedure to obtain consent, i.e. you will receive an e-mail with a web link that you must click on to confirm, so that no misuse by unauthorised third parties can occur. We may log such consents, including the Internet Protocol (IP) address and the date and time, for reasons of proof and security.

In principle, you can object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical recording of usage for success and reach measurement. Necessary notifications and communications in connection with our activities and operations remain reserved.

9.3 Service provider for notifications and messages

We send notifications and messages with the help of specialised service providers.

We use in particular:

• mailXpert: Newsletter dispatch; Service 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 in order to communicate with interested parties and provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The general terms and conditions (GTC) and terms of use as well as data protection declarations and other provisions of the individual operators of such platforms also apply in each case. In particular, these provisions provide information about the rights of data subjects directly vis-à-vis the respective platform, including, for example, the right to information.

We are jointly responsible with Meta Platforms Ireland Limited (Ireland) for our social media presence on Facebook, including the so-called Page Insights – if and to the extent that the General Data Protection Regulation (GDPR) is applicable. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Social Media Facebook presence. We use Page Insights to provide our social media presence on Facebook in an effective and user-friendly way.

Further information on the type, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook and Facebook’s data protection officer can be found in Facebook’s privacy policy. We have concluded the so-called “Controller Addendum” with Facebook and thus agreed in particular that Facebook is responsible for guaranteeing the rights of data subjects. For the so-called Page Insights, the corresponding information can be found on the page “Information on Page Insights” including “Information on Page Insights data”.

11. Dienste von Dritten

We use services from specialised third parties in order to be able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. Among other things, we can use such services to embed functions and content in our website. In the case of such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.

For necessary security, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymised or pseudonymised form. This is, for example, performance or usage data in order to be able to offer the respective service.

We use in particular:

• Google services:
• Provider: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: “Privacy and security principles”, Privacy policy, “Google is committed to complying with applicable data protection laws”, “Privacy policy for Google products”, “How we use data from websites or apps on or in which our services are used” (information from Google), “Types of cookies and other technologies used by Google”, “Personalised advertising” (activation / deactivation / settings).

We use the voucher system E-Guma. E-Guma is a product of the company Idea Creation GmbH, Walchestrasse 15, 8006 Zurich, Switzerland. The voucher shop is multilingual and is linked to our homepage. Our customers can buy the voucher they want and print it out directly at home (print@home). Further information on this can be found in E-Guma’s privacy policy:

Datenschutz

We use the Wufoo tool on our website to accept enquiries via forms. Wufoo is provided by the company SurveyMonkey Inc. The information sent to us via these forms is stored securely and encrypted by Wufoo. Further information can be found in the privacy policy of SurveyMonkey Inc: https://www.surveymonkey.com/mp/legal/privacy-policy/.

On our website we use the tool aleno.me of the company Aleno AG for table reservations in our restaurants.
Further information can be found in aleno’s privacy policy: www.aleno.me/policy

11.1 Digital infrastructure

We use the services of specialised third parties in order to be able to use the necessary digital infrastructure in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.

We use in particular:

• Cyon: Hosting; Service provider: cyon GmbH (Switzerland); Information on data protection: “Data protection”, Privacy policy.

11.2 Contact options

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

11.3 Schedule planning

We use the services of specialised third parties to arrange appointments online, for example for meetings. In addition to this privacy policy, any directly visible terms and conditions of the services used, such as terms of use or privacy policies, 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:

• Facebook (Social Plugins): Embedding Facebook functions and Facebook content, for example “Like” or “Share”; Service provider: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); Information on data protection: Privacy Policy.
• Instagram-Platform: Embedding Instagram content; Service provider: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); Privacy Policy: Privacy Policy (Instagram), Privacy Policy (Facebook).

11.5 Card material

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

We use in particular:

• Google Maps including Google Maps Platform: Map service; Service provider: Google; Google Maps-specific information: “How Google uses location information”.

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:

• Vimeo: Video platform; Service provider: Vimeo Inc. (USA); Privacy Policy: Privacy policy, “Data protection”.
• YouTube: Video platform; Service provider: Google; YouTube-specific information: “Privacy and Security Centre”, “My data on YouTube”.

11.7 Fonts

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

We use in particular:

• Adobe Fonts: Fonts; Service provider: Adobe Inc. (USA) for users in North America / Adobe Systems Software Ireland Limited (Ireland) for users in the rest of the world; Privacy Policy: “Adobe Privacy Centre”, Privacy Policy (Adobe Fonts), Privacy Policy (Adobe), “Questions about privacy?”, “Adobe Privacy Settings”.
• Font Awesome: Icons and logos; Service provider: Fonticons Inc. (USA); Privacy policy: Privacy policy.
• Google Fonts: Schriftarten; Anbieterin: Google; Google Fonts-spezifische Angaben: “Privacy and Google Fonts”, “Privacy and data collection”.

11.8 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:

• Stripe: Processing of payments; providers: Stripe Inc. (USA) / Stripe Payments Europe Limited (SPEL, Ireland) for users in the European Economic Area (EEA) and Switzerland and partly in the United Kingdom / Stripe Payments UK Limited (United Kingdom) and Stripe Capital Europe Limited (Ireland) partly for users in the United Kingdom; Data protection information: “Stripe Privacy Centre” (“Stripe Privacy Centre”), Privacy Policy, Cookie Policy.
• TWINT: Processing of payments in Switzerland; Service provider: TWINT AG (Switzerland); Information on data protection: Privacy policy, “Security according to Swiss standards”.
• Worldline (formerly SIX Payment Services): Processing of mobile and online payments; Providers: Worldline Schweiz AG (Switzerland) / Worldline Financial Services (Europe) S.A. (Luxembourg) / Worldline Payment Services (Germany) GmbH (Germany) / Worldline Financial Services (Europe) S.A., Branch Austria; Privacy information: Privacy Policy, “Customer Information on Data Protection”.

11.9 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 relevant – 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 registered as a user may be able to assign the use of our online offer to your profile there.

We use in particular

• Facebook-advertising (Facebook Ads): Social media advertising; Service provider: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); Data protection information: Remarketing and targeting, in particular with the Facebook pixel and custom audiences including lookalike audiences, privacy policy, “Advertising preferences” (user registration required).
• Google Ads: Search engine advertising; Provider: Google; Google Ads specific information: Advertising based on search queries, utilizing various domain names – notably doubleclick.net, googleadservices.com, and googlesyndication.com – for Google Ads, “Ads” (Google), “Why am I seeing this ad?”.
• Instagram Ads: Social Media Advertising; Providers: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); Privacy Information: Remarketing and targeting, especially with Facebook Pixel and Custom Audiences including Lookalike Audiences, Privacy Policy (Instagram), Privacy Policy (Facebook), “Ad Preferences” (Instagram) (User login required), “Ad Preferences” (Facebook) (User login required).

12.Extensions for the website

We use extensions for our website to access additional features.

We particularly use:

• Google reCAPTCHA: Spam protection (distinguishing between desired comments from humans and undesired comments from bots as well as spam); Provider: Google; Specific information about Google reCAPTCHA: “What is reCAPTCHA?”
• Gravity Forms Zero Spam: Spam protection (distinguishing between desired comments from humans and undesired comments from bots as well as spam); Provider: Katz Web Services Inc. (USA); Privacy information: Usage on proprietary server infrastructure, Privacy Policy.
• ShortPixel: Hosting and optimization of images; Provider: ID SCOUT SRL (Romania); Privacy information: Privacy Policy, “Legal & Privacy”.

13. Success and reach measurement

We use services and programs to determine how our online offering is used. In this context, we can measure the success and reach of our activities and operations as well as the impact of third-party links to our website. For example, we can also experiment with 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 success and reach measurement, we can particularly address errors, strengthen popular content, or make improvements to our online offering.

When using services and programs for success and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are generally shortened (“IP masking”) to follow the principle of data minimization through appropriate pseudonymization, thereby improving the data protection of users.

When using services and programs for success and reach measurement, cookies may be used and user profiles created. User profiles may include visited pages or viewed content on our website, information about screen size or browser window, and at least approximate location. In principle, user profiles are created exclusively in a pseudonymized form. We do not use user profiles for the identification of individual users. Individual third-party services, where users are logged in, may potentially associate the usage of our online offering with the user account or profile with the respective service.

We particularly use:

• Google Analytics: Success and reach measurement; Provider: Google; Specific information about Google Analytics: Measurement across different browsers and devices (Cross-Device Tracking) as well as with pseudonymized Internet Protocol (IP) addresses, which are only transferred to Google in the USA in full in exceptional cases, “Privacy”, “Browser Add-on to Disable Google Analytics”.
• Google Tag Manager: Integration and management of other services for success and reach measurement as well as additional services from Google and third parties; Provider: Google; Specific information about Google Tag Manager: “Data collected with Google Tag Manager”; further privacy information can be found in the respective integrated and managed services.
• Matomo: Success and reach measurement; Provider: Matomo (free open-source software); Privacy information: Usage on proprietary server infrastructure as well as with pseudonymized Internet Protocol (IP) addresses, “List of all Matomo Features”.

14. Final provisions

We have created this privacy policy with the data protection generator from Datenschutzpartner.

We reserve the right to adjust and supplement this privacy policy at any time. We will inform about such adjustments and supplements in an appropriate manner, particularly by publishing the current privacy policy on our website.