Terms Of Service & Privacy Policy

Privacy Policy

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Introduction

This Privacy Policy explains our practices regarding the collection, use and disclosure of your information through the use of our digital assets (web services) when you access these services via the internet and your devices.

Please read the Privacy Policy carefully and make sure you understand our practices with respect to your information before using our Services. If you have read this policy and do not agree with our practices, you must stop using our digital assets and services. By using our Services, you agree to the terms of this Privacy Policy.

 

This Privacy Policy is designed to meet the requirements of the Swiss Data Protection Act (“DPA”) and the revised Swiss Data Protection Act (“revDPA”) and is based on legal text templates from WIX.com and “DSAT.ch”. It is not an exhaustive description. This website was created on the WIX.com platform. The use of the website is therefore also subject to their data protection guidelines and terms of use.

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Privacy Policies​​

 

1. Person responsible for data processing:

Jacob Wells is responsible for the data processing described here. If you have any data protection concerns, you can send them to us at the following contact address The Mountain Company GmbH, Zer Bännu 61, Zermatt 3920, info@themountaincompany.ch

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2. Which data we collect and process:

Below you will find an overview of the data that we may collect: 

 

Non-identified and non-identifiable information that you provide during the registration process or that is collected through the use of our services (“non-personal data”). Non-personal information does not allow us to identify who collected it. Non-personal data that we collect consists mainly of technical and aggregated usage information.

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Individually identifiable information, i.e. any information by which you can be identified or could reasonably be identified (“personal data”). The Personal Data we collect through our Services includes voluntarily submitted information such as names, e-mail addresses, addresses, phone numbers and more. If we combine personal data with non-personal data, we will treat it as personal data as long as it is combined.

 

If necessary, we collect data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location data).

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We primarily process personal data that we collect in the course of our business activities and the operation of our websites and apps, or that is communicated and transmitted to us by the users themselves. All personal data voluntarily provided to us is treated confidentially and is not sold to third parties. We may share your data with our service providers in order to operate our services (e.g. storage of data via third-party hosting services, security-related aspects to investigate illegal activities or other misconduct, provision of technical support, etc.).

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3. Purposes of data processing and legal basis:

We use the personal data we collect primarily to fulfil our obligations to our customers as part of our business activities.

 

In addition, we also process personal data, where permitted and where we deem it appropriate, for the following purposes:

• Offering and further developing our offers, services and websites, apps and other platforms on which we are present;

• Communication with third parties and processing their inquiries (e.g. applications, media inquiries)

• Examination and optimization of procedures for needs analysis for the purpose of addressing customers directly

• Advertising and marketing (including the organisation of events), provided you have not objected to the use

       of your data (if we send you advertising as an existing customer, you can object to this at any time);

• Market and opinion research, media monitoring;

• Assertion of legal claims and defence in connection with legal disputes and official proceedings;

• Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud.

• Ensuring our operations, in particular, IT, our websites, apps and other platforms;

 

If you have given us your consent to process your personal data for specific purposes (for example, when you register to receive newsletters, apply for a job, etc.), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and require one. Consent that has been given can be withdrawn at any time, but this has no effect on data processing that has already taken place.

 

The user has a blog or forum

Please note that our services enable social interactions (e.g. posting content, information and comments publicly and chatting with other users). Please note that any content or data you provide in these areas may be read, collected and used by others. We advise against posting or sharing information that you do not wish to make public. If you upload content to our digital assets or otherwise make it available as part of your use of a service, you do so at your own risk. We cannot control the actions of other users or members of the public with access to your data or content. You acknowledge and confirm that copies of your data may remain accessible even after they have been deleted from cached and archived pages or after a copy/storage of your content has been made by a third party.

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Cookies and similar technologies 

When you visit or access our Services, we authorise third parties to use web beacons, cookies, pixel tags, scripts and other technologies and analytics services (“Tracking Technologies”). These Tracking Technologies may enable third parties to automatically collect your data in order to improve the navigation experience on our digital assets, optimise their performance and ensure a tailored user experience, as well as for security and fraud prevention purposes.

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4. Obligation to provide personal data:

As part of our business relationship, you must provide the personal data that is necessary for the establishment and execution of a business relationship and the fulfilment of the associated contractual obligations (you are not generally under a legal obligation to provide us with data). Without this data, we will generally not be able to conclude or execute a contract with you (or the entity or person you represent). It will also not be possible to use the website if certain information to secure data traffic (e.g. IP address) is not disclosed.

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5. Duration of the storage of personal data:

We process and store your personal data for as long as is necessary for the fulfilment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e., for example, for the duration of the entire business relationship (from the initiation, execution to the termination of a contract) and beyond that in accordance with the statutory retention and documentation obligations. It is possible that personal data may be stored for the period in which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). 

 

As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as far as possible. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less generally apply.

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6. Data security:

We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and access restrictions, encryption of data carriers and transmissions, checks.

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7. Rights of the data subject:

You have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing, in particular for direct marketing purposes, within the scope of the data protection law applicable to you and insofar as provided for therein.

 

Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke this) or require it for the assertion of claims. If you incur costs, we will inform you in advance. We have already informed you about the possibility of withdrawing your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.

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The exercise of such rights generally requires that you provide clear proof of your identity (e.g. by means of a copy of your ID where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in section 1.

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Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

 

8. Updates or changes to the privacy policy:

We may amend this Privacy Policy at any time without prior notice. The current version published on our website shall apply. If the privacy policy is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

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