Effective date: February 2020
1. Name and address of the data controller
We are the controller within applicable data protection laws and regulations who determine the purposes for and the means of processing your personal data. If you have any question with respect thereto, please contact us at:
Unique Experiences Tourism AG
Telephone: +41 41 798 08 00
We prohibit the use of the above-mentioned contact details (and any other contact details pub-lished on its website) for direct-marketing and/or general advertising purposes (e.g., for sending us promotional and informational materials and information which we have not expressly re-quested).
2. General information regarding the collection and processing of personal data
2.1 Scope in general
We collect and process personal data that you give us or our booking partners when you purchase or inquire about our (and their) products or services, when you visit our website or when you make a reservation or booking for Fregate Island. In this context, we may collect and process including, but not limited to, personal data such as first and last names, address details, phone numbers and email addresses, passport numbers, bank account details, travel dates and times, details with respect to transfers to and stays on Fregate Island, [further personal data] as well as website access and usage data. We may also receive from you sensitive personal data such as information about your health and medical status, dietary details and requirements, disabilities, race, ethnicity, political opinions, biometrics and/or religion. By making available to us such data, you are deemed to have given us your explicit consent to the processing of such data in connection with our products or services, your inquiry about Fregate Island and/or your making a reservation or booking for Fregate Island.
2.2 Minors and children
Other than guest details and other data required in order to facilitate a guest’s stay on Fregate Island, we do not knowingly collect personal data about minors and children. If you believe that we have inadvertently collected personal data about your child or minor, please contact us and we will attempt to remove such data. If a minor or child has provided us with personal data without parental or guardian consent, the parent or guardian should contact us.
2.3 Legal basis for data collection and processing
We collect and process personal data if it is necessary to provide you with our products and services and a functional website and, in particular:
- based on your consent to the collection and processing of your personal data and/or the personal data of your child or minor, and/or the personal data of persons by whom you have been authorized to share their personal data with us to – for example – accommodate your needs, process your inquiries, book or register you as a guest on Fregate Island (art. 6(1)(a) GDPR);
- in connection with the performance of a contract or in order to take steps and measures prior to entering into a contract to – for example – manage and administer our products and services, accept payments and provide refunds as well as to prevent fraud and help us ensure that guests are genuine (art. 6(1)(b) GDPR);
- to comply with a legal obligation to which we are subject (art. 6(1)(c) GDPR); and
- in connection with and for the purpose of pursuing our vital and/or legitimate interests or those of third parties to – for example – assert or defend a legal claim (art. 6(1)(d) and art. 6(1)(f) GDPR).
2.4 Storage and deletion of personal data
We store personal data on servers and in locations in Switzerland. Personal data may also be transferred outside of Switzerland and to countries located in or outside the European Economic Area and the Republic of Seychelles where the level of data protection laws is not equivalent to that of Switzerland. In such a case, the sharing and transfer is subject to appropriate protective measures and safeguards (such as confidentiality undertakings from the data recipient).
Personal data may be stored if such storage is required by regulations, laws, or other provisions to which we are subject. Your personal data will be deleted as soon as it is no longer necessary for the purpose for which it was collected, processed and stored or if any relevant storage period has lapsed (unless there is a need for further storage of the relevant data, for example, with respect to the conclusion or performance of a contract or the assertion or defense of a claim).
3. Data sharing and transfers
We may share and transfer personal data:
- with certain of our contractors and/or service providers (for example, companies entrusted to organize transfers to and from Fregate Island, banks entrusted to process payments and/or website hosting and email providers). Our contractors and service providers are required to meet our standards on processing data and security. The relevant data will only be made available to such contractors and service providers if and to the extent that it is necessary for the performance of their respective function (e.g., only to the extent required to fulfill the terms of a contract that we have entered into with such contractors and/or service providers).
- with certain third parties. We will do this either when we receive your consent or because we need them to receive your data to provide products and/or services to you. These include other partners we do business with such as charity organizations and third-party activi-ty suppliers.
- with our medical personnel or third-party medical providers in the event you suffer an accident or injury whilst travelling to or staying on Fregate Island.
- with governmental agencies for purposes of fulling regulatory requirements.
We may transfer personal data to third-party organizations in certain scenarios such as:
- If we reorganize our operations or are sold, data may be transferred to a buyer in order to continue to provide products and/or services to you.
- If the operations of Fregate Island are reorganized, sold, or transferred (wholly or partly) – any data may be transferred to prospective purchasers, other operators/managers and transferees under suitable terms as to confidentiality.
- If we are required by law, or due to any regulatory requirement, or if we are asked by any public authority to do so.
- If we are asserting or defending a legal claim as may be required in connection the relevant assertion or defense.
Personal data may be shared and transferred if it is made anonymous and aggregated; in such circumstances, the data ceases to be personal data. No personal data will be shared with or transferred to third parties for advertising purposes without your express consent.
4. Provision of our website and creation of log files
4.1 Description and scope of data collection and processing
Every time you visit our website, our computer system automatically collects data and infor-mation from the computer device that calls and accesses our website. This data and information include, but is not limited to, a user’s (i) operating system, browser type and version, (ii) IP address, referrer URL and host name as well as (v) time and date of access.
The collected data and information is used (i) to provide our products and/or services and to make our website available to you, (ii) to improve our products and/or services and to make the website more relevant for its users and (iii) to identify issues with the access and use of our website, the users’ experience with it and to generally understand and monitor the way our website is accessed and used across multiple computer devices.
The legal basis for the collection and processing of the relevant data is art. 6(1)(a) (you are deemed to have given consent thereto while accessing and browsing our website; see introduction clause) and/or art. 6(1)(f) GDPR.
4.2 Period of storage; possibility of objection and deletion
The collection and processing of personal data and the storage of such data in log files is necessary for the operation and to ensure the functionality of our website, so that it can be delivered to and displayed on your computer device. No user accessing or using our website may object to such collection, processing, or storage.
Whereas any such data is stored temporarily in log files, it is not stored together with other personal data concerning you. Certain data (such as an IP address) will be deleted when the respective website access and session has ended and been terminated, whereas other data stored in log files are deleted, in general, after [seven days] at the latest, although longer storage may be possible. In such a case, data is alienated and made anonymous so that accessing website users can no longer be identified.
5. Provision of our website and cookies
5.1 Description and scope of data collection and processing
5.2 Period of storage; possibility of objection and deletion
The period of storage depends on whether a cookie is a session cookie or a persistent (or preference) cookie. The former is stored in a temporary memory of your computer device and are not retained after the browser is closed. The latter are stored on your computer device until they expire or until they are deliberately deleted by you.
The following persistent (or preference) cookies allow us to remember choices you have made in the past when having accessed our website (such as the region from where you have accessed the website):
- Google Analytics (Google Inc.)
These cookies may also be used to remember changes you have made or to grant access to specific features of the website (such as watching a video or commenting in a blog). The information which these cookies collect are anonymized and cannot track your browsing activity on websites other than ours.
Please note that if cookies are disabled, wholly or partly, then the functionality of our website may be impaired and you might not be able to access and/or use our website or certain of its functions.
6. Contact form
We can be contacted via the contact form provided on our website. The personal data transmit-ted through such contact form will be stored and used for establishing contact with you, processing the interaction and preventing misuse of and ensuring the security of our information technology systems.
By using the contact form, you are deemed to consent to our collecting and processing of the relevant data transmitted to us (see art. 6(1)(a) GDPR). Such collection and processing might also be necessary for our performance of a contract that we have with you, or our taking of prepara-tory steps in view of entering into a contract with you (see art. 6(1)(b) GDPR), or in connection with and for the purpose of pursuing our vital and/or legitimate interests (see art. 6(1)(d) and art. 6(1)(f) GDPR).
The data transmitted will be deleted as soon as it is no longer necessary to keep and store it in order to achieve the purpose for which it was sent to and/or collected and processed by us (for example, once the interaction that was initiated via the contact form has ended, the relevant personal data will be deleted.
If you object that your personal data is stored as described herein when using the contact form provided on our website, such form cannot be used by you and any interaction with us through email is not possible.
7. Google Analytics (Google Inc.)
8. Social media
Our website contains social media tools and plugins; namely:
These tools and plugins make our website more user-friendly and help us to improve our products and services (see art. 6(1)(f) GDPR). By using our social media tools and plugins, you are deemed to consent to the collection and processing of personal data (see art. 6(1)(a) GDPR).
9. Your rights
If we collect and processes your personal data, you have the following rights:
- You can request from us to receive information about (i) the purposes for which the data processing is undertaken, (ii) the kind of data being processed, (iii) the recipients or categories of recipients to whom personal data has been or will be disclosed, (iv) the envisaged pe-riod for which the data will be stored (or, if specific information with respect thereto is not available, the criteria used to determine the storage period), (v) your right to request the rectification of incomplete or incorrect or the deletion of personal data, (vi) your right to restrict or object to the processing of personal data, (vii) your right to file a claim with a super-visory authority at your domicile, place of work or at the place where you believe an infringement may have occurred, (viii) the sources from which your personal data is collected (if such data is not collected from you personally), (ix) the existence of any automated data processing (including profiling) and the details with respect to any logic applied in this context and the significance and anticipated consequences of such processing for you, and (xii) whether your personal data is transferred to a third country or international organization and, if so, which safeguard measures have been applied with respect to such transfer.
- You have the right to receive your personal data in a structured, commonly used and machine-readable format. In addition, you have the right to have the relevant data transmitted to another controller under certain conditions and without our hindrance. These rights shall not apply to the processing of data, which is necessary for the performance of a task carried out in a public interest or while executing official authority.
- You have the right to withdraw your consent with respect to our processing of your personal data. Any such withdrawal does not affect the lawfulness of the data processing having taken place based on your consent prior any withdrawal.
- You have the right to request from us that we delete your personal data, unless the processing of such data remains necessary (i) to exercise the right of freedom of expression and information, (ii) to comply with applicable legal obligations or in the context of performing a task which is carried out in the public interest or while executing official authority, (iii) for valid reasons in the area of public health, (iv) for archiving purposes in the public interest or for valid scientific or historical research or statistical purposes, or (v) for the establishment, assertion, defense and enforcement of legal claims (in which case the relevant data will continue to be stored until those claims are fully resolved).