1 Preambule
The protection of your personal data is important to us. In order to offer its clients, future and prospective clients a quality service, the Hotel Beau-Rivage Geneva collects personal data relating to you. In order to ascertain which personal data shall be collected and the use that shall be made thereof, please acquaint yourself with the present privacy policy.
2 Definitions
“Client” means any natural person or corporate body staying at the hotel or using our restaurant services or other services offered by the Beau-Rivage ;
“Personal data” mean all the information relating to a person whether identified or identifiable (art. 3 let.1 LPD: RS 235.1);
“Sensitive Personal Data" means personal data which requires a higher level of protection as a consequence of the level of sensitivity of said data (art. 3 let. c LPD); “Beau-Rivage” means the Hotel Beau-Rivage Geneva and the entirety of the services relating thereto, including, in particular, any restaurant services; “Policy” means the present document (Privacy policy);
“Site" means the internet site which may be accessed at www.beau-rivage.com.
3 Purpose of the privacy
The purpose of the policy is to set out the principles which the Beau-Rivage undertakes to uphold regarding the collection, processing, storage, transfer, use and disclosure of your Personal Data and Sensitive Personal Data. The Policy shall apply both to the Personal Data and the Sensitive Personal Data collected by the Site and to that which shall be obtained by electronic means (email, forms on the site, etc) or physical means (information collected during a check-in or during a stay at the Beau-Rivage, etc.). The Policy sets out the conditions under which the Beau-Rivage, in its capacity as being responsible for the processing (or “data controller”), may collect, process, store, use, save, back up, and erase any Personal Data and Sensitive Personal Data relating to you.
4 Agreement to the policy
Upon using the Site, you agree that the data controller may collect and process the Personal Data relating to you in the manner as defined by the present Policy. You acknowledge that you have read and understood this Policy and agree to be bound by it as well as comply with all applicable laws and regulations.
5 Changes to the policy
The present Policy may be changed at any time. You shall be informed of such changes, by email or during your stay at the Beau-Rivage, and you shall be asked to expressly agree to said changes. In the event of a refusal to agree, you shall no longer be authorized to use the site and/or all or part of the services offered by the Beau-Rivage.
6 Personal Data
The Personal Data which may be collected and processed by Beau-Rivage in relation to your use of the Site are as follows:
- your surname;
- your forename;
- you email address;
- your mobile or landline number;
- the date and time you connect online *;
- your operating system *;
- your computing device *;
- the browser you use *;
- your IP or your IMEI *;
- the place of connection (network routing) *;
- the volume of data transferred *;
- the links you may follow *;
- the pages as well as the contents consulted by you and the duration of said consultation, as well as any other similar information and statistics relating to your interaction (scrolling, clicks, mouse movements) or the manner in which you leave the Site*.
(hereafter: “Data linked to the Site”)
Certain Data linked to the Site (*) are automatically collected, in particular by cookies (performance and tracking cookies, functional cookies, technical cookies, navigation cookies, etc.) and by web beacons and/or via electronic communication protocols.
The Personal Data or Sensitive Personal Data which may be collected and processed by Beau-Rivage in relation with your stay at the Beau-Rivage are as follows:
- your surname;
- your forename;
- you email address;
- your mobile or landline number;
- your postal address;
- your booking requests with the Beau-Rivage or transferred to the latter via an intermediary (online booking platform, travel agent, etc.);
- copy of your identity papers;
- your credit card information and payment data;
- your personal preferences (including possible food allergies, bedding preferences, etc.) which may sometimes come under the heading of Sensitive Personal Data;
- information (various Personal Data and Sensitive Personal Data) which you provide voluntarily to the Beau-Rivage (whether orally or in writing, including by email);
- any medical information (Sensitive Personal Data) relating to yourself which you send to the Beau-Rivage, in particular in case of emergency;
- information relating to your use of the Beau-Rivage Wifi (MAC address kept for 24 hours);
- information relating to your use of the computer terminals provided by the BeauRivage (only during your session and there shall be no storage or processing by Beau-Rivage).
7 Person responsible for processing (“data controller”)
The data controller of you Personal Data is the Hotel Beau-Rivage Geneva SA, 13, quai du Mont-Blanc, 1201 Geneva, +41 22 716 66 66, privacy@beau-rivage.ch.
8 Sub-contracting and storage of Personal Data
Your Sensitive Personal Data shall only be stored in Switzerland on the Beau-Rivage servers. Your Personal Data may also be stored and/or processed in countries offering an adequate level of protection as defined by art. 6a LPD, whether by ourselves, subcontractors and/or contractual service providers.
9 Utilisation de vos Données Personnelles
Use of your Personal Data You expressly give your consent that Beau-Rivage may use your Personal Data and Sensitive Personal Data for the following purposes:
A) Regarding the Data relating to the Site:
- manage the client relationship (which is to say, in particular, use the Personal Data required for your stay and the preparation thereof and to communicate with you, and with other service providers/sub-contractors if your requests mean this is necessary);
- generally improve the management of the Beau-Rivage and the services offered by Beau-Rivage (use for marketing purposes);
- carry out surveys and gather anonymous statistical data relating to the habits of Clients, as well as future and prospective Clients;
- send you a newsletter (if you have so subscribed); - comply with legal obligations.
B) Regarding Data relating to your stay at the Beau-Rivage:
- manage the client relationship (which is to say, in particular, use the Personal Data which is necessary for your stay as well as the preparation thereof and to communicate with you, and with other service providers/sub-contractors should this be required to meet your requirements);
- generally improve the management of the Beau-Rivage and the services offered by Beau-Rivage (use for marketing purposes);
- carry out surveys and gather anonymous statistical data relating to the habits of Clients, as well as future and prospective Clients;
- send you a newsletter (if you have so subscribed);
- comply with legal obligations.
C) Regarding the Sensitive Personal Data:
- to be able to react in case of a medical emergency;
- improve the services particular to the Client in question (specific bedding choice or comply with dietary requirements relating to allergies or confessions, for example);
You may, unsubscribe from the newsletter at any time by following the link provided at the end of each newsletter. The Beau-Rivage undertakes not to market your Personal Data or your Sensitive Personal Data
10 Proportionality
In so far as possible, the data controller undertakes to minimise the use of your Personal Data and to anonymise said data wherever possible, in particular when you so request.
11 Period for which you Personal Data is kept
Unless you specifically request the deletion thereof, you Personal Data shall be stored on the Beau-Rivage servers for a period of 10 years, as of the date of your last stay at the hotel. If you have never stayed at the Beau-Rivage, your data shall be removed 5 years after they were collected. Anonymised data may be kept for an indefinite period of time. In the event of a legal obligation of the data manager to keep said Personal Data, or if in the overriding interests of the Beau-Rivage to keep said data (in particular in the event of potential or actual litigation), your Personal Data may also be kept for a longer period than that set out at art.11 and any request for deletion may be refused on this ground. Regarding any Sensitive Personal Data of a medical nature, this shall be deleted at the end of your stay at the Beau-Rivage, unless you make a specific request in writing that it be kept. It shall then be kept for the period of time set out at art. 11 §1.
12 Data protection by design
The site has been designed in accordance with the principles which apply in matters relating to data protection and, as a consequence, your consent shall be requested via the Site (for cookies: in the form of a pop up) as soon as specific processing of your Personal Data has been requested. Furthermore, the Site has been designed in such a way that you may choose the purpose for which the categories of Personal Data which you submit to the Beau-Rivage are to be used.
13 Cookies, web beacons and similar technologies
The Site uses Cookies, web beacons as well as other tracking technology in order to facilitate your access to the Site and analyse Site traffic as well as the use of the Site, and to identify any defects. This helps personalize and improve your interaction with the Site, as well as to improve its contents and design.
14 Security
The data controller undertakes to deal with your Personal Data and Sensitive Personal Data in an adequate manner and to take all technical and organisational measures required by the applicable legislation in order to prevent unauthorized access, disclosure, changes, leaks or destruction of your Personal Data and Sensitive Personal Data. Standard technologies and security measures, rules and other procedures, firewalls as well as the protection of passwords complying with industry standards are used in the protection of your Personal Data. However you acknowledge that the use of the internet is not secure by definition, and that it contains certain risks relating to your Personal Data. You shall be responsible for ensuring that the computer/tablet/smartphone which you use is appropriately secure and protected against malware such as Trojan Horses, computer viruses and worms. You are aware of the fact that without adequate security measures (including a secure configuration of your web browser and updated anti-virus software), there is a risk that the data and passwords which you use to protect access to your data can be revealed to unauthorised third parties. In the event that your Personal Data and Sensitive Personal Data have been unlawfully consulted by an unauthorized person, or where there are reasons to believe that they have been so consulted, we shall warn you by email or any other means.
15 Your rights
You may, at any time: - ask the data controller whether it is processing Personal Data or Sensitive Personal Data relating to you; - access your Personal Data or Sensitive Personal Data collected by the data controller; - receive a copy of your Personal Data or Sensitive Personal Data processed by the data controller; - ask the data controller to change to your Personal Data or Sensitive Personal Data which is erroneous; - withdraw, at any time, your consent to the processing of your Personal Data or Sensitive Personal Data by the data controller; - request the deletion of all your Personal Data or Sensitive Personal Data collected by the data controller. Should you wish to rely upon one or any of these rights, please contact the Beau-Rivage. You shall be asked to include a copy of an official proof of identity (identity card or passport)
In the event of a legal obligation of the data controller to keep said Personal Data or of the overriding interests of the Beau-Rivage to keep them (in particular in the event of actual or potential litigation), your Personal Data may also kept for a longer period than that stipulated at art.11 and the requested deletion may in such a case be refused. Please note that the Personal Data or Sensitive Personal Data sent by you to a third party service, such as a social network or a referencing site, are not kept on our servers and therefore may not be removed from the internet by the data controller.
16 Portability of your data
The data controller guarantees the portability of your Personal Data or Sensitive Personal Data and undertakes to transfer any Personal Data that you may have sent to the Beau Rivage to any third party service in the event of a written request by yourself, said request to be accompanied by a copy of official identity documentation (identity card or passport).
17 Links
If certain functionalities or contents of the Site contain links to sites or pages belonging to third parties, those sites or pages do not apply the same privacy policy. If you choose to visit any of said third party sites or pages, you shall be redirected to said third party sites or pages. The data controller has no control over sites or pages belonging to third parties and you are advised to refer to the privacy policies of said sites or pages in order to acquaint yourself as to their procedures relating to the collection, processing, transfer or removal of your Personal Data
18 Compliance with the law and application of the law
In the event of a legal obligation, the data controller shall collaborate with the relevant authorities in order to apply and comply with the law in force. In such a case your Personal Data or Sensitive Personal Data may be forwarded.
19 Applicable law and jurisdiction
The Policy, as well as all issues resulting therefrom or relating thereto (including non contractual disputes or claims and the interpretation thereof) shall be subject to Swiss law, excluding conflict of law rules. Any litigation, claims or disputes between the user and the data controller regarding any issue relating to the present Policy shall be subject to the exclusive jurisdiction of the relevant tribunals of the Republic and Canton of Geneva, subject to an appeal to the Swiss Federal Tribunal.