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privacy­statement

With this Privacy Policy we inform which personal data we process in connection with our activities and operations, including our website. In particular, we inform about what for, how and where we process personal data. We also inform about the rights of persons whose data we process.

For individual or additional activities and activities, further data protection statements as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.

We are subject to Swiss data protection law and any applicable foreign data protection law, such as in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

1. Contact addresses

Responsible for the processing of personal data:

Montana Sport International AG
Mühlebachstrasse 3
CH-6370 Stans
info@montana-international.com

We point out if there are other responsible parties for the processing of personal data in individual cases.

1.1 Data protection officer

We have the following data protection officer as a point of contact for data subjects and as a contact for supervisory authorities in the event of inquiries relating to data protection law:

Pascal Arnold
Mühlebachstrasse 3
CH-6370 Stans
p.arnold@montana-international.com

1.2 Data protection representation in the European Economic Area (EEA)

We have the following data protection representation in accordance with Art. 27 DSGVO. The data protection representation serves supervisory authorities and data subjects in the European Union (EU) and the rest of the European Economic Area (EEA) as an additional point of contact for inquiries relating to the General Data Protection Regulation (GDPR):

VGS Datenschutzpartner UG
Am Kaiserkai 69
20457 Hamburg
Germany
info@datenschutzpartner.eu

2. Terms and legal basis

2.1 Terms

Personal data is any information that relates to an identified or identifiable person. A person concerned is a person about whom personal data are processed.

Processing includes any handling of personal data, independent of the means and procedures used, in particular the storage, disclosure, procurement, collection, deletion, storage, modification, destruction and use of personal data.

The European Economic Area (EEA) comprises the member states of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.

2.2 Legal basis

We process personal data in accordance with Swiss data protection law such as, in particular, the Federal Data Protection Act (DPA) and the Ordinance to the Federal Data Protection Act (VDSG).

We process - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - personal data in accordance with at least one of the following legal bases:

  • Art. 6 para 1 lit. b DSGVO for the necessary processing of personal data for the performance of a contract with the data subject as well as for the implementation of pre-contractual measures.
  • Art. 6 para 1 lit. f DSGVO for the necessary processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our interest in being able to carry out our activities and operations permanently, in a user-friendly, secure and reliable manner and to communicate about them, the guarantee of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law.
  • Art. 6 para. 1 lit. c DSGVO for the necessary processing of personal data to comply with a legal obligation to which we are subject pursuant to any applicable law of Member States in the European Economic Area (EEA).
  • Art. 6 para. 1 lit. e DSGVO for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.
  • Art. 6 para. 1 lit. d DSGVO for the necessary processing of personal data to protect vital interests of the data subject or another natural person.

3. Nature, Scope and Purpose

We process those personal data that are necessary to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. Such personal data may fall in particular into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data, and contract and payment data.

We process personal data for the period necessary for the relevant purpose or purposes or as required by law. Personal data whose processing is no longer necessary will be anonymized or deleted.

We may have personal data processed by third parties. We may process personal data jointly with third parties or transmit it to third parties. Such third parties are in particular specialized providers whose services we use. We also ensure data protection with such third parties.

We process personal data basically only after the consent of the data subject, unless the processing is permitted for other legal reasons, for example, for the performance of a contract with the data subject and for corresponding pre-contractual measures, to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.

In this context, we process in particular information that a data subject provides when contacting us - for example, by mail, e-mail, instant messaging, contact form, social media or telephone - or when registering for a user account voluntarily and himself to us. We may store such information, for example, in an address book, in a customer relationship management system (CRM system) or with comparable tools. If we receive data transmitted to us about other persons, the transmitting persons are obligated to ensure data protection with respect to such persons as well as to ensure the accuracy of such personal data.

We also process personal data that we receive from third parties, obtain from publicly available sources or collect in the course of our activities and operations, if and to the extent that such processing is permitted for legal reasons.

4. Applications

We process personal data about applicants to the extent that it is required for the assessment of suitability for an employment relationship or for the subsequent execution of an employment contract. The required personal data results in particular from the information requested, for example in the context of a job advertisement. We also process personal data that applicants provide voluntarily, in particular as part of cover letters, resumes and other application documents.

We process - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - personal data about applicants in particular in accordance with Art. 9 para. 2 lit. b DSGVO.

5. Personal data abroad

We process personal data in principle in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular to process it or have it processed there.

We may transfer personal data to all states and territories on Earth as well as elsewhere in the universe, provided the law there is in accordance with assessment of the Federal Data Protection and Information Commissioner (FDPIC) or according to the decision of the Swiss Federal Council an adequate data protection as well as - if and as far as the General Data Protection Regulation (GDPR) is applicable - according to decision of the European Commission ensures adequate data protection.

We may transfer personal data to countries whose law does not ensure adequate data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or with other appropriate safeguards. By way of exception, we may export personal data to countries without adequate or appropriate data protection if the specific requirements under data protection law are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. We will be happy to provide data subjects with information about any guarantees or provide a copy of any guarantees upon request.

6. Rights of data subjects

Data subjects whose personal data we process have rights under Swiss data protection law. These include the right to information as well as the right to rectification, deletion or blocking of the personal data processed.

Affected persons whose personal data we process may - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - obtain free of charge confirmation as to whether we are processing their personal data and, if so, request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability, and have their personal data corrected, deleted ("right to be forgotten"), blocked or completed.

Data subjects whose personal data we process may - if and to the extent that the GDPR applies - revoke any consent they have given at any time with future effect and may object to the processing of their personal data at any time.

Data subjects whose personal data we process have a right of appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

7. Data security

We take appropriate technical and organizational measures to ensure data security appropriate to the risk involved. However, we can unfortunately not guarantee absolute data security.

Access to our website is via transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers mark transport encryption with a padlock in the address bar.

Our digital communication is subject - like basically any digital communication - to mass surveillance without any reason or suspicion as well as other surveillance by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.

8. Use of the Website

8.1 Cookies

We may use cookies. Cookies - our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) - are data stored in the browser. Such stored data need not be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as "session cookies" or for a certain period of time as so-called permanent cookies. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies enable us to recognize a browser the next time it visits our website and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated and deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We ask - at least if and to the extent necessary - actively for the express consent to the use of cookies.

For cookies that are used for performance and reach measurement or for advertising, a general objection ("opt-out") is possible for many services via the AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

8.2 Server log files

We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).

We store such information, which may also constitute personal data, in server log files. The information is necessary to provide our website permanently, user-friendly and reliable, as well as to ensure data security and thus in particular the protection of personal data - also by third parties or with the help of third parties.

8.3 Tracking pixels

We may use tracking pixels on our website. Tracking pixels are also referred to as web beacons. Tracking pixels - also from third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. Tracking pixels can be used to collect the same information as server log files.

9. Notifications and Communications

We send notifications and communications via email and other communication channels such as instant messaging or SMS.

9.1 Performance and Reach Measurement

Notifications and communications may contain web links or tracking pixels that record whether an individual communication was opened and which web links were clicked in the process. Such web links and tracking pixels may also track usage of notifications and communications on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to send notifications and messages effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.

9.2 Consent and objection

You must basically expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. For any consent, we use the "double opt-in" procedure whenever possible, which means that you will receive an e-mail with a web link that you must click to confirm, so that no misuse by unauthorized third parties can take place. We may log such consents including Internet Protocol (IP) address, date and time for evidence and security reasons.

You can basically object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical recording of usage for performance and reach measurement. This is subject to necessary notifications and communications in connection with our activities and operations.

9.3 Service providers for notifications and communications

We send notifications and communications with the help of specialized service providers.

We use in particular:

10. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested persons as well as to inform them about our activities and operations. In connection with such platforms, personal data may also be processed outside of Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such platforms also apply in each case. These provisions inform in particular about the rights of data subjects directly against the respective platform, which includes, for example, the right to information.

For our Social Media presence on Facebook including the so-called Page Insights, we - if and insofar as - the GDPR is applicable, are jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook in an effective and user-friendly manner.

Further information on the nature, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook as well as Facebook's data protection officer can be found in the Data Protection Statement of Facebook. We have concluded the so-called "Addendum for Responsible Parties" with Facebook, thereby agreeing in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the corresponding information can be found on the page "Page Insights Information" including "Page Insights Data Information".

11. Third Party Services

We use third party services to enable us to conduct our activities and operations in a durable, user-friendly, secure and reliable manner. Such services may also be used to embed content on our website. Such services require your Internet Protocol (IP) address, otherwise the corresponding content cannot be transmitted.

For their own security-related, statistical and technical purposes, third parties whose services we use may process data related to our activities and operations in an aggregated, anonymized or pseudonymized manner. This is, for example, performance or usage data.

We use in particular:

11.1 Digital Infrastructure

We use third party services to access required digital infrastructure related to our activities and operations. This includes, for example, hosting and storage services from specialized providers.

We use in particular:

11.2 Contact options

We use third-party services to better communicate with you and others, such as customers.

11.3 Audio and video conferencing

We use audio and video conferencing services to communicate online. For example, we may use them to conduct virtual meetings or online classes and webinars. In addition to this privacy policy, any terms and conditions of the services used, such as terms of use or privacy statements, also apply.

Depending on the life situation in which you participate in an audio or video conference, we recommend that you mute the microphone by default and blur the background or have a virtual background fade in.

We specifically use:

11.4 Online Collaboration

We use third-party services to enable online collaboration. In addition to this privacy policy, any directly apparent conditions of the services used, such as terms of use or privacy statements, also apply in each case.

11.5 Maps

We use third-party services to embed maps on our website.

We specifically use:

11.6 Audiovisual Media

We use third-party services to enable the direct playback of audiovisual media, such as music or videos, on our website.

We use in particular:

11.7 Documents

We use third-party services to embed documents on our website. Such documents may include, for example, forms, PDF files, presentations, tables and text documents.

11.8 Advertising

We use the possibility to display targeted advertisements for our activities and operations on third parties such as social media platforms and search engines.

We would like to use such advertising to reach in particular people who are already interested in our activities and operations or who might be interested in them (remarketing and targeting). For this purpose, we may transmit relevant - if necessary also personal - data to third parties that enable such advertising. We can also determine whether our advertising is successful, that is, in particular, whether it leads to visits to our website (Conversion Tracking).

Third parties with whom we advertise and where you are registered as a user, can assign the use of our online offer to your profile there.

We use in particular:

12. Performance and Reach Measurement

We use services and programs to determine how our online offer is used. In this context, we may, for example, measure the success and reach of our activities and operations, as well as the effect of third-party links to our website. However, we can also, for example, test and compare how different versions of our online offering or parts of our online offering are used ("A/B test" method). Based on the results of the performance and reach measurement, we can, in particular, correct errors, strengthen popular content or make improvements to our online offering.

When using services and programs for performance and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are basically shortened ("IP masking") in order to follow the principle of data economy through the corresponding pseudonymization and thus to improve user data protection.

When using services and programs for performance and reach measurement, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information about the size of the screen or browser window and the - at least approximate - location. In principle, user profiles are created exclusively pseudonymously. We do not use user profiles to identify individual users. Individual services of third parties, to which users are logged in, can assign the use of our online offer at most to the user account or user profile at the respective service.

We use in particular:

  • Google Analytics: performance and reach measurement; Google Analytics-specific privacy information: measurement also across different browsers and devices (cross-device tracking) as well as with pseudonymized Internet Protocol (IP) addresses, which are only exceptionally transmitted in full to Google in the USA, "Privacy", "Browser add-on to disable Google Analytics".
  • Google Tag Manager: Integration and management of other services for performance and reach measurement as well as other services from Google as well as third parties; Google Tag Manager-specific privacy information: "Data collected with Google Tag Manager"; further information on data protection can be found with the individual integrated and managed services.

13. Final Provisions

We can adapt and supplement this privacy policy at any time. We will inform about such adjustments and additions in an appropriate form, in particular by publishing the current privacy policy on our website.