Data protection declaration

Data protection declaration
Data protection declaration

Data protection declaration and general terms and conditions of business of BE! Tourism Ltd.

This data protection declaration explains how we, BE! Tourism Ltd., gather and otherwise process personal data. When doing so, we comply with the provisions of Swiss data protection legislation and with the EU’s General Data Protection Regulation (GDPR). This declaration is not an exhaustive description because other provisions (general terms and conditions of business, participation conditions etc.) govern specific circumstances. Personal data are particulars that refer to an identified or identifiable person. We deploy comprehensive technical resources and organisational measures in all areas of our online offer to provide protection against unauthorised access, manipulation and data loss.

1. Person responsible and representative

BE! Tourism Ltd. of Thunstrasse 8 in 3005 Bern is responsible for the data processing described here. You may refer questions of data protection law to us at the following contact address:

datenschutz@madeinbern.com / BE! Tourism Ltd., Lino Gross, Thunstrasse 8, 3005 Bern

Our representative for official enquiries is:

Lino Gross, Thunstrasse 8, 3005 Bern, gross@madeinbern.com, +41 31 300 33 00

2. Gathering and processing of personal data

In the first instance, we process the personal data that we receive on the occasion of our business relations with our customers and other business partners, such as the particulars which you make known to us when registering for our newsletter or using our platform to make a booking. To the extent that this is permitted and necessary, we also obtain some data from sources that are accessible to the public (e.g. register of commerce, press, Internet).

A straightforward consultation of the BE! Tourism Ltd. web pages takes place in principle without identifying the visitor. For statistical purposes and to optimise our offer, BE! Tourism Ltd. may gather and process the technical information which your access device and your display program automatically communicate to us. This may include the following information: date and time of access to the website; type, release and language settings of the display software (browser) that is being used and of the operating system, presentation size of the display device, IP address of the terminal device or of the Internet access.

If you make use of other functions of our website or offer, as a rule you voluntarily disclose further information to us that we need for the pursuit of our activity, e.g. email address and name if you register for our newsletter.

3. Purpose of data processing and legal bases

We use the personal data gathered by us especially in order to conduct our business, provide services and conclude and process related contracts and relationships, in particular in the context of travel information about stays in the Canton of Bern, as well as booking information and reservations of experiences or overnight accommodation. If you are a customer or a business partner, your own personal data may be included in this function.

In addition, we process personal data to the extent that this is permitted and seems appropriate to us, for the following purposes in which we, and in some cases third parties, have a justified interest: offer and further development of our offers, services and websites; communication with third parties and processing of their enquiries (for example applications, media enquiries), promotion and marketing (including the holding of events), market and opinion research; enforcement of legal claims and defence on the occasion of legal disputes; prevention and investigation of criminal acts and so forth; assurance of our business operations; purchase and sale of business areas.

If you have consented to the processing of your personal data by us for particular purposes (e.g. to receive newsletters), we process your personal data in that connection and based on that consent, to the extent that we have no other legal basis and require such a basis. Consent that has been granted may be withdrawn at any time.

The data that are gathered are confined to the necessary minimum and are only used and stored to process the particular operation that has been requested (newsletter, competition, booking etc).

If you use an email address published by us to make contact, you specifically authorise us to reply via the same channel to the sender’s address or to the address that has been notified. Emails are sent in unencrypted form via the public Internet and may be accessible to third parties who may consult and manipulate them. Email communication is therefore unsuitable for the transfer of confidential information.

4. Cookies

We place cookies on our websites and use comparable techniques which enable your browser or your device to be identified. A cookie is a small data file which is sent to your computer or automatically stored on your computer or mobile device by the web browser that is used when you visit our website. When you next visit our website, we are therefore able to recognise you again, even if we do not know who you are. In addition to cookies that are used only during a session and deleted after your visit to our website ("session cookies"), cookies may also be used to store user settings and other information for a certain length of time, e.g. one year (“permanent cookies”). However, you may set your browser in such a way that it rejects cookies, stores them only for one session or otherwise deletes them prematurely. Most browsers are pre-set to allow you to accept cookies. We use permanent cookies to enable us to identify your interests and display suitable offers and promotional material to you. Some cookies are set by us and some also by contracting partners with whom we cooperate. Sharp Spring is one of those external cookie contracting partners. Sharp Spring has its registered office in the USA, which means that the data gathered by Sharp Spring are transferred to the USA. You will find further information at the following link.

If you block cookies, certain functions (e.g. language choice, shopping basket, ordering processes) may no longer work properly.

By using our website and consenting to receive newsletters and other marketing emails, you agree to the use of these techniques. If you do not wish to do so, you must select a suitable setting on your browser or email program.

5. Google Analytics and similar services

This website uses Google Analytics, Google Remarketing and comparable services. These are services that may be located in any country anywhere in the world (in the case of Google Analytics, this is Google LLC in the USA, www.google.com), by means of which we measure and evaluate use of the website (without identifiable personal data). Permanent cookies which the service provider himself sets are likewise used for this purpose. The service provider receives no personal data from us (and does not store any IP addresses), but may track your website use, combine this information with data from other websites which you have visited and which are also tracked by the service provider and use this information for his own purposes (e.g. to control promotional material). If you have yourself registered with the service provider, the latter likewise knows you and may possibly combine the data gathered on our website with your own data. In that case, your personal data are processed by the service provider under his own responsibility and on the basis of his own data protection provisions. The service provider simply lets us know how our particular website is used (without any information about you personally).

Further information about Google’s own provisions will be found at google.com. You can deactivate Google Analytics’ data gathering at the following link.

6. Social Media Plugins

To permit personalised marketing on social media, we include Remarketing Pixel on our website. If you have an account with one of the social media included in that system and have registered with it at the time when you visit the site, this Pixel links your visit to the site with your account. You must log out from your particular account before visiting the site if you wish to prevent a link from being established. Further advertising settings can be made in your user profile on the particular social media.

We have incorporated “Plugins” for social media such as Facebook, Twitter, You Tube, Pinterest or Instagram on our website. You are made aware of this by the relevant symbol. In the standard setting, these elements are deactivated. If you click on the symbol, they are activated and the operators of the particular platform register the fact that you are present on our website and may use this information for their own purposes. In that case, your personal data are processed under the responsibility of the particular social media operator according to its own data protection provisions. We receive no information about you from the operators.

7. Data disclosure and data transfer abroad

For the conduct of our business activities and for the purposes set out in Section 3, we make your personal data known to third parties, to the extent that this is permitted and is in our view appropriate, either because they process such data for us or because they will use them for their own purposes. In particular, we disclose your data to the following entities:

  • Service providers and order processors working for us (e.g. post office, banks, insurance companies, IT providers).
  • Dealers, suppliers and other business partners.
  • Customers.
  • Authorities, official bodies or courts of law.
  • Media.
  • Public, including website and social media visitors.
These recipients are sometimes located in Switzerland and sometimes also abroad. If we transfer data to countries that lack appropriate statutory data protection, we stipulate suitable contractual provisions to assure the degree of protection required by law.

8. Duration and storage of personal data

We store your data for the duration of our business relationship and/or for even longer in compliance with the statutory storage and documentation obligations and/or if justified interests so require. As soon as your personal data are no longer needed, they will be deleted or anonymised as a matter of principle and in so far as this is possible. We therefore confine the processing and storage of your personal data to the period for which it is needed to perform our contractual and statutory obligations and to the extent that is necessary to safeguard justified interests.

9. Data security

We take appropriate technical and organisational security measures to protect your personal data against misuse and unauthorised access.

10. Duty to make personal data available

For the purposes of our business relationship, you must give us the personal data needed to open and conduct a business relationship and to perform the accompanying contractual obligations (as a rule, you have no statutory obligation to disclose data to us). As a rule, we will not be able to conclude and implement a contract with you without such data. The website cannot be used either unless certain information needed to safeguard the data traffic (e.g. IP address) is disclosed.

11. Profiling

We process your personal data in some cases by automated means with a view to evaluating personal aspects (profiling). We use profiling in particular to give you targeted information and advice on products. For this purpose, we use evaluation tools which enable us to pursue communication and advertising appropriate to the needs, including market and opinion research.

12. Rights of the person concerned

You are entitled to information, correction and deletion; you have the right to restrict data processing and otherwise object to our data processing operations and to the release of certain personal data for transfer to a different entity (data portability). Please note, however, that we reserve the right to enforce the statutory limitations, e.g. if we are required to store or process certain data, have a prevailing interest therein (to the extent that we are allowed to refer to such an interest) or need the data to enforce claims. If costs are incurred by you, we will inform you in advance. We already informed you in Section 3 of the possibility of withdrawing your consent. Please note that the exercise of these rights may conflict with contractual agreements; this may have consequences such as the premature termination of the contract or additional costs. In that case, we will inform you in advance if no contractual provision has already been made.

As a rule, the exercise of such rights presupposes unambiguous proof of your identity (e.g. by providing a copy of an identity document if your identity is not clear or cannot be verified). To enforce your rights, you may contact us at the address stated in Section 1 above. In addition, every person concerned is entitled to enforce his or her claims in the courts of law or to make a complaint to the appropriate data protection authority. In Switzerland, the appropriate data protection authority is the Swiss Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

13. Competition conditions Online prize games

The competitions organised by us online do not require authorisation under Swiss law on games of chance as no money is paid and no equivalent contribution made to take part in each particular case.

As a rule, the following conditions of participation apply, subject to other detailed regulations for the particular promotional prize games which take precedence in individual cases over these general conditions. Only persons residing in Switzerland are entitled to take part. Employees of BE! Tourism Ltd. and of its partner companies must not take part. Only one entry may be made in any such promotional prize game. The winners will be informed in writing. No correspondence about the promotional prize games will be entered into. No legal proceedings will be entertained. Winnings cannot be exchanged and no cash outpayment will be made. By taking part in the particular promotional prize games, these conditions of participation and the detailed rules of the particular promotional prize games are accepted.

14. Facebook

Prize games for BE! Tourism Ltd. have no link whatsoever to Facebook. They are not sponsored, supported or organised in any way by Facebook and do not provide a basis for any legal claims against Facebook. All information about the prize games is made available by BE! Tourism Ltd..

15. Copyright

Copyright and all other rights in contents, images, photos or other data files on the website are the sole property of BE! Tourism Ltd. or of the specifically named legal owners. Written consent of BE! Tourism Ltd. or of the legal owners must be obtained in advance for the reproduction and use of any elements.

16. Exclusion of liability

We accept no guarantee as to the accuracy, topicality, correct nature, dependability and completeness of the information content that is made available.

We use our best endeavours to ensure the accuracy and topicality of the contents that are provided. However, errors and lack of clarity cannot be completely ruled out and no liability is accepted for this. We have no influence over third party contents that may be provided, e.g. by links to other suppliers. If unlawful or offensive contents are contained on the linked pages, we specifically decline all responsibility for them. Only the provider of the site to which reference was made is liable for unlawful, defective or incomplete contents and in particular for prejudice caused by the contents of linked sites.

All offers are made without obligation. We reserve the right to change, complete, delete or temporarily or definitively cease publication at any time of parts of the pages or of the entire offer without prior announcement.

17. Amendments

We may adjust this data protection declaration at any time without prior notice. The latest version published on our website shall apply in every case. If the data protection declaration is part of an agreement with you, we will inform you of the change by email or by some other suitable method in the event of any update.

Latest update: 23 June 2020

Our partners

Bern Economic Development Agency
Swiss Travel System
Switzerland Mobility
Grand Tour of Switzerland
BLS
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Hotellerie Bern+ Mittelland
Hotelier-Verein Berner Oberland
Emmentaler AOP