The term “personal data” or “data” refers to all information that relates to a specific or identifiable person.
Note that other privacy policies or general terms and conditions, conditions of participation, and similar documents may govern specific data privacy topics.
- Processing shall be lawful only if and to the extent that at least one of the following applies:
(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
(c) processing is necessary for compliance with a legal obligation to which the controller is subject;
(d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.
However, the application of these laws depends on each case.
The terms used are not gender-specific.
1. Collection and Processing of Personal Data
We primarily process the personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved in it, or that we collect from their users in the operation of our website(s), apps, and other applications. To the extent permitted, we also collect certain data from publicly accessible sources (for example, debt collection registers, land registers, commercial registers, the press, and the Internet) or receive such data from public authorities and other third parties (such as credit agencies or address providers).
In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information relating to your professional functions and activities (for example, to enable us to enter into and process transactions with your employer with your assistance), information about you in correspondence and meetings with third parties, credit reports (to the extent that we process transactions with you personally), information about you provided to us by persons close to you (family, advisors, legal representatives, etc.) to enable us to enter into contracts with you, conclude or process agreements with you or involving you (for example, references), your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, (e.g. payments made, purchases made), personal data from the media and the Internet (if this is appropriate in the specific case, for example as part of an application, press review, marketing/sales, etc.). ), your addresses and, if applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (for example, IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of visit, pages viewed and content, functions used, referring website, location information).
2. Purpose of Data Processing and Legal Grounds
We use the personal data we collect primarily to enter into and perform our agreements with our customers and business partners, so in particular in the context of the following activity:
- the planning and consulting of pump tracks
- building pump tracks in underprivileged communities
- Conducting Championships
As part of this activity, we collect personal data for transactions with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, your personal data may of course also be concerned in this capacity.
We also process your and other person’s data, to the extent permitted and as we deem appropriate, for the following purposes, in which we (and sometimes also third parties) have a legitimate interest:
- Offering and further developing our products, services and websites, apps, and other platforms on which we are present;
- Communicating with third parties and processing their inquiries (for example, job applications, media inquiries);
- Testing and optimizing procedures for analyzing needs to address customers directly, as well as collecting personal data from publicly available sources for customer acquisition;
- Advertising and marketing (including the organization of events), unless you have objected to the use of your data (if we send you advertisements as an existing customer of ours, you can object to this at any time; we will then place you on a blocking list against further advertising mailings);
- Market and opinion research, media monitoring;
- Assertion of legal claims and defense in connection with legal disputes and official proceedings;
- Prevention and investigation of criminal offenses and other misconduct (for example, conducting internal investigations, data analysis to combat fraud);
- Ensuring that our operations, in particular IT, our websites, apps, and other platforms, are running properly;
- Video surveillance to maintain property rights and other measures for IT, building, and facility security and protection of our employees and other persons and assets belonging to or entrusted to us (such as access controls, visitor lists, network and mail scanners, telephone records);
- Purchase and sale of business units, companies, or parts of companies and other transactions under company law and the associated transfer of personal data, as well as measures for business management and, to the extent necessary to comply with legal and regulatory obligations and our internal regulations.
3. Cookies / Tracking and Other Techniques Regarding the Use of Our Website
Under applicable law, we may include visible and invisible image files in our newsletters and other marketing e-mails. If such image files are retrieved from our servers, we can determine whether and when you have opened the e-mail, so that we can measure and better understand how you use our offers and customize them. You may disable this in your e-mail program, which will usually be a default setting.
By using our website(s), apps and consenting to the receipt of newsletters and other marketing e-mails you agree to our use of such techniques. If you object, you must configure your browser or e-mail program accordingly or uninstall the app, should the respective setting not be available.
We may use Google Analytics or similar services on our website. These are services provided by third parties, which may be located in any country worldwide (in the case of Google Analytics Google Ireland Ltd. (located in Ireland), Google Ireland relies on Google LLC (located in the United States) as its sub-processor (both “Google”, www.google.com) and which allow us to measure and evaluate the use of our website (on an anonymized basis). For this purpose, permanent cookies are used, which are set by the service provider. We have configured the service so that the IP addresses of visitors are truncated by Google in Europe before forwarding them to the United States and then cannot be traced back. We have turned off the «Data sharing» option and the “Signals” option. Although we can assume that the information we share with Google is not personal data for Google, it may be possible that Google may be able to conclude the identity of visitors based on the data collected, create personal profiles and link this data with the Google accounts of these individuals for its purposes. If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your data by the service provider will be conducted under its data protection regulations. The service provider only provides us with data on the use of the respective website (but not any personal information of you).
In addition, we use plug-ins from social networks such as Facebook, YouTube, TikTok or Instagram on our websites. This is visible for you (typically based on the respective symbols). We have configured these elements to be disabled by default. If you activate them (by clicking on them), the operators of the respective social networks may record that you are on our website and where on our website you are exactly and may use this information for their purposes. This processing of your data lies in the responsibility of the respective operator and occurs according to its data protection regulations. We do not receive any information about you from the respective operator.
4. Transfer of Data to Third Parties
In the context of our business activities and in line with the purposes of the data processing set out in Section 2, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, for them to process data for us or, as the case may be their purposes. In particular, the following categories of recipients may be concerned:
- our service providers (such as banks or insurance, for instance), including processors (such as IT providers);
- dealers, suppliers, subcontractors, and other business partners;
- domestic and foreign authorities or courts;
- the media;
- the public, including users of our websites and social media;
- competitors, industry organizations, associations, organizations, and other bodies;
- acquirers or parties interested in the acquisition of business units;
- other parties in potential or pending legal proceedings;
If we pass on data to third parties, we comply with the relevant legal requirements and, in particular, conclude data processing agreements or similar agreements with the respective Recipients to protect your data.
5. Transfer of Data Abroad
We may share data with persons, authorities, organizations, companies, or other entities abroad. In particular, we may transfer personal data to all countries in which our service providers process personal data.
If a Recipient is located in a country without adequate statutory data protection, we require the Recipient contractually to comply with the applicable data protection (for this purpose, we use the revised standard contractual clauses of the European Commission, which are available here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the Recipient is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exemption provision. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have consented to it, or if it is a matter of data made generally available by you, the processing of which you have not objected to.
The data can also be provided, recorded, used, and processed by our partners in the following countries:
- Czech Republic
- New Zealand
- Saudi Arabia
- South Africa
- United Kingdom
- United Arab Emirates
- United States of America
6. Duration of the Retention of Personal Data
We process and retain your data for as long as it is necessary for the fulfillment of our contractual and legal obligations or otherwise the purposes pursued with the processing, i.e., for example, for the duration of the entire business relationship (from the initiation, processing to the termination of an agreement) and beyond that under the statutory retention and documentation obligations. In this context, we may retain personal data for the period during which claims may be asserted against our company and to the extent that we are otherwise required to do so by law or legitimate business interests so require (for example, for evidence and documentation purposes). As soon as your data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as a matter of principle and to the extent possible. For operational data (for example, system records, and logs), shorter retention periods of twelve months or less generally apply.
7. Data Security
We take appropriate technical and organizational security measures to protect your data from unauthorized access and misuse.
These include the following measures: the issuance of directives, training, IT and network security solutions, access controls and restrictions, encryption of data media and transmissions, pseudonymization, regular checks.
We already take the protection of personal data into account during the design or choice of hardware, software, or processes using appropriate technical and organizational measures. Furthermore, we ensure data protection-friendly default settings.
8. Obligation to Provide Personal Data
In the course of our business relationship, you must provide those personal data that are necessary for the start and performance of a business relationship and the fulfillment of the associated contractual obligations (you generally do not have a statutory obligation to provide us with data). Without this data, we will generally not be able to enter into or perform an agreement with you (or the entity or person you represent). Also, our websites cannot be used if certain traffic-securing information (such as IP address) is not disclosed.
9. Profiling and Automated Individual Decision-Making
We may partially process your data automatically to evaluate certain personal aspects (profiling). In particular, profiling allows us to inform and advise you about products possibly relevant to you more accurately. For this purpose, we may use evaluation tools that enable us to communicate with you and advertise to you as required, including market and opinion research.
In establishing and carrying out a business relationship, we generally do not use any fully automated individual decision-making (such as under Art. 21 DPA and 22 GDPR, respectively). Should we use such procedures in certain cases, we will inform you separately on this and advise you of your relevant rights if required by law.
10. Your Rights
Following and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the following rights:
- the right to request information from us as to whether and what data we process about you;
- the right to have us correct data if it is inaccurate;
- the right to request that we delete data;
- the right to request that we provide certain personal data in a commonly used electronic format or transfer it to another controller;
- the right to withdraw consent, insofar as our processing is based on your consent;
- the right to obtain, on request, further information necessary for the exercise of these rights;
- the right to express your point of view in the case of automated individual decisions (Section 9) and to request that the decision be reviewed by a natural person.
Please note, however, that we reserve the right to assert the restrictions provided for by law on our part, for example, if we are required to retain or process certain data, have an overriding interest in doing so (to the extent that we are entitled to rely on this) or if we need 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 2. Please note that exercising these rights may conflict with contractual arrangements and may have consequences such as early termination of the agreement or costs. We will inform you in advance if this is not already specified in the agreement.
The exercise of such rights usually requires that you prove your identity (for example, using a copy of your identity card, where your identity is otherwise not clear or cannot be verified). To exercise your rights, you may contact us at email@example.com.
Every data subject also has the right to enforce their claims in court or to file 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).
Velosolutions Schweiz GmbH, Via Stenna 4, 7017 Flims Dorf
Flims Dorf, 01. September 2023