By virtue of Article 6 of law No. 2004-575 of 21 June 2004 promoting confidence in the digital economy, users of the website www.villatoscane.ch are hereby informed of the identity of the parties that play a role in producing and also overseeing the site:
Owner: Clarotel SA – Hôtel Villa Toscane – Rue du Lac, 2-8 – 1820 Montreux – Switzerland
Designer: Fastbooking SAS
Publication manager: Webmaster – +41219625000
The publication manager is a natural person or a legal person.
Webmaster: Webmaster – marketing@royalplaza.ch
Host: Amazon Web Services, Inc. – P.O. Box 81226 Seattle, WA 98108-1226, USA
The model for the legal notices was provided by Subdelirium.com and they were completed by Clarotel SA.
Use of the www.villatoscane.ch website implies full and complete acceptance of the general terms and conditions of use stated below. These terms and conditions of use may be amended or supplemented at any time. For this reason, users of the www.villatoscane.ch website are encouraged to refer to them on a regular basis.
This website can ordinarily be accessed by users at any time. However, Clarotel SA – Hôtel Villa Toscane may decide to suspend access to the site in order to carry out technical maintenance. In such cases, it will endeavour to give users advance notification of the dates and times of the suspension.
The www.villatoscane.ch website is regularly updated by the Webmaster. Similarly, the legal notices are subject to amendment at any time; they are nevertheless binding on users, who are encouraged to refer to them as frequently as possible so that they are aware of their contents.
The function of the www.villatoscane.ch website is to provide information regarding all of the company’s activities.
Clarotel SA – Hôtel Villa Toscane strives to ensure the information that appears on the www.villatoscane.ch site is as accurate as possible. However, the company cannot be held liable for any omissions, inaccuracies or failures arising from information updates, whether caused by the company itself or by its third-party partners who supply it with this information.
All information stated on the www.villatoscane.ch website is provided on an indicative basis and may be updated. Furthermore, information appearing on www.villatoscane.ch is not exhaustive. It is provided subject to modifications that may have been made since it was published online.
The website uses JavaScript technology.
The website cannot be held liable for any material damage associated with use of the site. In addition, users of the site undertake to access the website using up-to-date, virus-free computer equipment and a latest-generation, up-to-date web browser.
Clarotel SA – Hôtel Villa Toscane owns the intellectual property rights or holds usage rights to all content accessible on the website, including text, images, graphics, logos, icons, audio, and software.
Any reproduction, representation, modification, publication or adaptation of all or part of the content of the site, regardless of the means or method used, is prohibited without the prior written authorisation of Clarotel SA – Hôtel Villa Toscane.
Any unauthorised use of the site or particular elements of its content will be considered an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
Clarotel SA – Hôtel Villa Toscane cannot be held liable for direct or consequential damage caused to the user’s equipment while accessing the www.villatoscane.ch website and that results either from the use of computer equipment that does not meet the specifications described in point 4, or from the emergence of a bug, incompatibility or virus.
Furthermore, Clarotel SA – Hôtel Villa Toscane cannot be held liable for consequential damage (such as loss of market or loss of an opportunity) that occurs as a consequence of using the www.villatoscane.ch website.
Interactive areas (providing the option to ask questions via the contact area) are available to site users. Clarotel SA – Hôtel Villa Toscane reserves the right to call into question a user’s criminal or civil liability if applicable, including in cases of racist, offensive, defamatory or pornographic messages, regardless of the medium used (text, photograph, etc.)
7. Management of personal data
Clarotel SA – Hôtel Villa Toscane operates the Villa Toscane hotel and is also the operator of the website www.villatoscane.ch. It is thus responsible for the collection, processing and use of your personal data and for ensuring that data is processed in compliance with the applicable data protection legislation. Your trust is extremely important to us, which is why we take data protection very seriously and make sure appropriate security is in place. We naturally comply with the provisions of the Federal Data Protection Act (DPA), the Ordinance to the Federal Data Protection Act (ODPA), the Federal Telecommunications Act (FTA) and other data protection provisions derived from applicable Swiss or EU legislation, and in particular the General Data Protection Regulation (GDPR).
7.a. Website, hyperlinks and cookies
The www.villatoscane.ch website contains a number of hyperlinks that direct to other sites. Clarotel SA – Hôtel Villa Toscane is not able to verify the content of websites visited from these hyperlinks, and consequently accepts no liability in this regard.
Cookies may be installed on the user’s computer as a result of viewing the www.villatoscane.ch website. The presence of cookies makes numerous aspects of your visit to our site easier, more enjoyable and more useful for you.
Cookies are small files that do not identify users but nevertheless temporarily save information relating to a computer’s visit to a particular website (e.g. IP address and domain, date, time, source URL, etc.) Data is gathered in this manner in order to facilitate subsequent browsing on the site and to protect security; and they also enable production of a range of web traffic statistical measures. These data processing activities are based on our legitimate interests under Art. 6, paragraph 1, letter (f) of the GDPR.
The majority of web browsers accept cookies automatically. Blocking a cookie may render certain features of our website inaccessible. However, users can configure their computer settings to disable cookies by following the instructions below:
In Internet Explorer: Go to the “Tools” tab (the cog icon in the top right corner), then “Internet Options”. Click on “Privacy” and select “Block all cookies”. Click “OK”.
In Firefox: At the top of the browser window, click the Firefox button, then go to the “Options” tab. Click the “Privacy” tab. Set the storage rules to “Use custom settings for history”. Untick the box to disable cookies.
In Safari: Click the menu icon to the top right of your browser (the cog symbol). Select “Settings”. Click “Show Advanced Settings”. In the “Privacy” section, click “Content Settings”. In the “Cookies” section, you have the option to block cookies.
In Chrome: Click the menu icon to the top right of your browser (indicated by three horizontal lines). Select “Settings”. Click “Show Advanced Settings”. In the “Privacy” section, select “Preferences”. You can block cookies by going to the “Privacy” tab.
7.b. Contact form
You have the option to contact us by means of a contact form. If you use this method, you will be required to provide us with the following information: first and last name, e-mail address, telephone number and your message. We only use these details to help us provide the best possible personal response to your contact request. The processing of this data is necessary for the execution of pre-contractual measures in accordance with Art. 6, paragraph 1, letter (b) of the GDPR, or is based on our legitimate interests in accordance with Art. 6, paragraph 1, letter (f) of the GDPR, respectively.
7.c. Bookings
If you make a hotel booking via our website, either in writing (post or e-mail) or by telephone, we require the following information for the execution of the contract: title, first and last name, telephone number, details of your credit card, and e-mail address. We use these details, together with other optional information that you provide (e.g. expected time of arrival, vehicle registration number, preferences, comments, etc.) for the execution of the contract only, unless otherwise stated in this privacy policy or if you have separately provided your consent to allow us to do so. We will process the data in the following ways in particular: to record your booking in accordance with your request, to provide the services ordered, to contact you in the event of questions or problems, and to ensure that payment is correctly made. The execution of a contract according to Art. 6, paragraph 1, letter (b) of the GDPR constitutes the legal basis for the processing of this data for these purposes. If you make your booking via a third-party platform, the operator of the platform in question sends us various items of your personal data. In principle, the items of data are identical to those indicated above. Requests relating to your booking may also be transmitted to us. In particular, we process this data to record your booking in accordance with your request and to provide the services ordered. The execution of a contract according to Art. 6, paragraph 1, letter (b) of the GDPR constitutes the legal basis for the processing of these data for these purposes. Finally, the operators of these platforms notify us of any disputes connected with a booking. In such situations, they also transfer to us information related to the booking process; a copy of the booking confirmation can serve as proof of booking once the booking process has been effectively completed. This data is processed by us to ensure that our rights are respected and protected. We base our justification for this processing on our legitimate interests pursuant to Art. 6, paragraph 1, letter (f) of the GDPR.
7.d. Statistics
We use the Google Analytics audience analysis service for the purposes of appropriate presentation of our website and its continued optimisation. We therefore create user profiles under pseudonyms, and use small text files which are stored on your computer (called “cookies” – see above). The information generated by each cookie about your use of our site is transferred to the servers of the providers of these services, then stored and processed on our behalf. Examples of this data include a site visitor’s browsing pathway, the duration of a visit to the site or a particular page, the final page visited by the user before leaving the site, the country, region or town/city where website access takes place, type, version, colour depth, resolution, height and width of the browser window on the device used, and whether the individual is a frequent or new visitor.
This information is used in order to analyse use of the website, to produce reports on website activities and to provide other services connected with use of the website and use of the internet for the purposes of market research and suitable website presentation. Such information may also be transferred to third parties to the extent required by law or to the extent that third parties are mandated to process the data.
7.e. Arrival and hotel stay
When you arrive at our hotel, we will require the following information about you and any individuals staying with you: first and last name, postal address and canton, date of birth, place of birth, nationality, official identity document and number, dates of arrival and departure, and room number. We collect this information in order to comply with our legal obligations to inform arising in particular from the legislation regarding policing and the operation of hotels. To the extent that we are obliged to do so in accordance with the applicable legal provisions, we will share this information with the competent police authority. We have legitimate interests to fulfil these legal provisions under Art. 6, paragraph 1, letter (f) of the GDPR. Finally, should you benefit from additional services during the course of your stay (e.g. use of the mini bar), we also record the nature of the service and the date on which it was accessed, for the purposes of billing. The processing of this data is required for the execution of your contract with us pursuant to Art. 6, paragraph 1, letter (b) of the GDPR.
7.f. Data retention
We save the data indicated above within a centralised electronic data processing system. The data concerning yourself is systematically entered and grouped together for the purpose of processing your bookings and the execution of contractual services. For these activities, we use a software program by Oracle, whose address is: 500 Oracle Parkway, Redwood Shores, CA, 94065, Etats-Unis. The processing of this data using this software program is based on our legitimate interests in managing customer data in a manner that is both efficient and advantageous for customers, in accordance with Art. 6, paragraph 1, letter (f) of the GDPR. We only store personal data for the period necessary for the use of the aforementioned follow-up services and subsequent processing based on our legitimate interests. We retain contractual data for a longer period of time where we are bound to do so by legal requirements relating to data retention. The retention obligations that compel us to retain data are derived from provisions regarding the right to notify authorities, financial accounting and tax law. In accordance with these provisions, commercial communication, contracts concluded, and accounting documents must be stored for 10 years. Access to this data will be blocked in circumstances where we no longer need it for the execution of services. This means that this data can in future only be used for accounting or tax-related purposes.
7.g. Data transmission
We only transmit your personal data if you have expressly consented to this, if we are bound by a legal obligation to do so or if it is necessary to assert our rights, and in particular our rights arising from our contractual relationship. In addition, we transmit your data to third parties insofar as this is necessary for use of the website and the execution of the contract (including outside the website), in particular in order to process your bookings. Our web host, Fastbooking SAS, 14/16, boulevard Poissonnière, 75009 Paris, France, is a service provider to which we transmit personal data gathered via the website, or which has access or may have access to this data. The website is hosted on servers located in the United States. The purpose of this data transmission is to provide and maintain the functionality available on our website. This processing is based on our legitimate interests under Art. 6, paragraph 1, letter (f) of the GDPR. Finally, we transmit details of your credit card to the issuer and holder of the card when you use it to make a payment on our website. If you choose to pay by credit card, you must enter all the required information. The execution of a contract in accordance with Art. 6, paragraph 1, letter (b) of the GDPR constitutes the legal basis for the transmission of this data. With regard to the processing of your credit card information by these third parties, please also read the general terms and conditions and the privacy policy of your credit card issuer. We are also entitled to transfer your personal data to third-party companies (mandated service providers) located abroad. These companies are bound by the same stringency of data protection as our company. If the level of data protection in a given country is not equal to that of Switzerland or the EU, we employ contractual means to ensure that the protection of your personal data complies with these levels.
7.h. Rights
You have the right to obtain, upon request, information relating to the personal data about you that we save on our systems. Furthermore, you have the right to have inaccurate data rectified and personal data deleted as soon as no legal obligation to retain it or legal basis allowing us to process the data remain in opposition to your rights. You also have the right to demand the retrieval of the data you have communicated to us (right to data portability). Upon request, we can also transfer the data to a third party of your choice. You are entitled to receive the data in a standard format. You can contact us for any of the aforementioned purposes using the following e-mail address: info@villatoscane.ch. We may ask you, at our sole discretion, to provide proof of identity in order to handle your request. You have the right to submit a complaint to a data protection supervisory authority.
7.i. Security
We use appropriate technical and organisational security measures to protect the personal data about you that we hold from any tampering, partial or total loss and unauthorised third-party access. We continuously improve our security measures as technology advances. You must always keep your access details confidential and close the browser window when you have ended your communication with us, especially if you are not the only person who uses the computer. We also take data privacy very seriously within our company. Our employees and the service providers we contract with are bound by an obligation of confidentiality and to comply with data protection legislation.
7.j. Note
For the sake of completeness, we inform users whose place of residence or head office is in Switzerland that the United States is subject to the supervisory measures of the US authorities. These measures generally permit all personal data relating to persons whose data has been transferred from Switzerland to the United States to be saved. This is carried out without differentiation, limitation or any exception based on the purpose pursued, and without objective criteria designed to restrict access by the US authorities to the data and its subsequent use to very precise and strictly limited purposes likely to justify the breach implied by access to this data and its use. In addition, we inform you that in the United States, there is no remedy available to persons of Swiss origin allowing you to access your data or to have it rectified or deleted, nor does there exist effective jurisdictional protection against general access rights belonging to the US authorities. We explicitly draw the data subject’s attention to this legal and factual situation so that they can make an informed decision on consent regarding use of their data. We inform users residing in an EU member state that in the judgement of the EU, the United States does not have a sufficient level of data protection, in particular because of the topics mentioned in this section. To the extent that we have explained in this privacy policy that certain recipients of data (e.g. Google) have their headquarters in the United States, we will ensure, either through contractual arrangements with these companies, or through their certification according to the EU-US or Swiss-US data privacy shield, that your data is protected to an adequate level by our partners.
All disputes arising from use of the www.villatoscane.ch website are subject to Swiss law. The competent courts of Vevey, Switzerland, shall have exclusive jurisdiction.
