DATA PRIVACY STATEMENT OF GURTENFESTIVAL AG
Version of December 2021
In this data protection declaration, we, Gurtenfestival AG (hereinafter referred to as Gurtenfestival AG, we or us), explain how we collect and otherwise process personal data. This is not an exhaustive description; other data protection declarations or general terms and conditions, conditions of participation and similar documents may apply to specific matters. Personal data is understood to be all information that relates to an identified or identifiable person.
If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please make sure that these persons are aware of this data privacy statement and only share their personal data with us if you are allowed to do so and if this personal data is correct.
This privacy policy is aligned with the EU General Data Protection Regulation (GDPR). Although the GDPR is a regulation of the European Union, it is relevant to us. The Swiss Federal Act on Data Protection (FADP) is heavily influenced by EU law and companies outside the European Union or EEA must comply with the DPA in certain circumstances.
1. Controller / Representative
Gurtenfestival AG, Frankenstrasse 70, 3018 Bern is responsible for the data processing described herein. If you have any data protection concerns, you can send them to us at the following contact address: medien@gurtenfestival.ch
2. Collecting and Processing 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 websites and other applications.
We process the data that arise in the context of the use of our website or data that are provided by you (for example, when you register to receive newsletters). This in particular involves the following personal data:
− Given name
− Surname
− E-mail address
− Password
− Gender
− Address incl. house number, ZIP-code, place and country
− Telephone number
− Payment method
− Notification
In addition to the data you give us directly, the categories of personal data we receive about you from third parties include, in particular, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made), your addresses and, if applicable, interests and other socio-demographic data (for marketing), data related to the use of the website (e.g. IP address, MAC address of smartphone or computer, details of your device and settings, cookies, date and time of visit, pages and content accessed, functions used, referring website, location details).
3. Purposes of Data Processing and Legal Basis
We use the personal data we collect primarily to conclude and implement our contracts with our customers and business partners, in particular within the framework of the web shop and ticket sales, as well as to comply with our legal obligations in Switzerland and abroad.
In addition, we also process personal data about you and other individuals, if permitted and insofar as we consider it appropriate, for the following purposes with regard to which we (and sometimes third parties) have a legitimate interest corresponding with the purpose:
⎯ Conclusion of contracts;
⎯ Provision and further development of our offers, services and websites, apps and other platforms on which we are present;
⎯ Communication with third parties and processing of their enquiries (e.g. requests, media enquiries);
⎯ Review and optimisation of procedures to assess needs in view of direct client engagement and collection of personal data from publicly available sources for client acquisition purposes;
⎯ Advertising and marketing (including the organisation of events), insofar as you have not objected to the use of your data (if we send you advertising as an existing customer of ours, you can object at any time and we will then put you on a blocking list for further advertising mailings);
⎯ 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 analyses to combat fraud);
⎯ Guarantees with respect to our operations, in particular IT, our websites, apps and other platforms;
⎯ Video surveillance to maintain house rules 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 recordings);
⎯ 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 insofar as necessary to comply with legal and regulatory obligations and internal regulations of Gurtenfestival AG.
Insofar as you have given us your consent to process your personal data for certain purposes (for example, when you register to receive newsletters or to carry out a background check), we shall process your personal data within the scope of and based on this consent, unless we have another legal basis and we require such a basis. Consent given can be revoked at any time, although it has no effect on data processing that has already taken place.
4. Cookies / Tracking and other Technologies in Relation to the Use of our Website
Cookies
We typically use “cookies” and similar technologies on our websites to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you are using when you visit our website. This allows us to recognise you when you return to this website, even if we do not know who you are. In addition to cookies that are only used during a session and deleted after your visit to the website (“session cookies”), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) (“permanent cookies”). However, you can set your browser to reject cookies, save them for one session only or otherwise delete them prematurely. Most browsers are preset to accept cookies. We use permanent cookies so that you can save user preferences (e.g. language, automatic login) to better understand how you use our offers and content and to show you offers and advertisements tailored to you (which may also happen on websites of other companies; however, they will not learn from us who you are, if we ourselves even know your identity, since they will only see that the same user is now on their website who was on a particular page with us). Some of the cookies are set by us, and some are set by contractual parties with whom we work. If you block cookies, certain functionalities (such as language selection, shopping cart, ordering processes) may no longer work.
In our newsletters and other marketing e–mails sometimes and insofar as permitted, we include visible and invisible image elements, from which when retrieved from our servers we can determine whether and when you have opened the e–mail. This allows us, here too, to measure and better understand how you use our offers and tailor them to you. You can block this in your e–mail program; most programs are preset this way.
By using our website and agreeing to receive newsletters and other marketing e–mails, you consent to the use of these techniques. If you do not wish to do so, you must set your browser or e-mail program accordingly. Furthermore, you can unsubscribe from the newsletter at any time. The personal data you provide for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted after you unsubscribe from the newsletter.
Google Analytics
We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties that may be located in any country in the world (in the case of Google Analytics, the service provider is Google LLC in the USA, www.google.com), with which we can measure and evaluate the use of the website (not on a personal basis). Permanent cookies set by the service provider are also used for to this end. The service provider does not receive any personal data from us (and does not retain any IP addresses), but can track your use of the website, combine this information with data from other websites that you have visited and which are also tracked by the service provider, and use these findings for its own purposes (e.g. directing advertising). If you have registered with the service provider yourself, the service provider also knows you. The service provider is then responsible for processing your personal data in accordance with its data protection policies. The service provider only informs us how our respective website is used (no information about you personally).
Plug-Ins and other Extensions of Third Party Offers
We use so-called plug-ins from social networks such as Facebook, Twitter, YouTube, Instagram, Spotify or TikTok on our websites. This is apparent to you in each case (typically via corresponding icons).
If you have a user account with these third parties, it may also be possible for these third parties to measure and evaluate your use of our digital offerings. In the process, further personal data, such as IP address, personal browser settings and other parameters may be transmitted to these third parties and stored with them. When using a social login service such as Facebook Connect, the service provider may transmit to us personal data such as your name, e–mail address and profile picture which they store. We have no control over the use of such personal data collected by third parties and accept no responsibility or liability. Information on the collection and use of data by third party providers can be found in the data protection notices of the relevant third party providers.
Links to Third Parties
Gurtenfestival AG is connected to other websites via links. This gives you the possibility to access information relevant to the topic and of interest. These third party websites are outside our control and are not subject to this data privacy statement. If you access other websites via the links provided, the operators of these websites may store your personal data.
In this regard, Gurtenfestival AG assumes no warranty or assurance with respect to the storage of user data or its use on the servers of third parties.
5. Data Transfer and Transmission of Data Abroad
Within the scope of our business activities and the purposes set out in section 3, we disclose data to third parties, insofar as this is permitted and appears to be appropriate, either because they process it for us or because they intend to use it for their own purposes. This concerns the following entities in particular:
⎯ Service providers of ours (namely our sister company, Eventon AG), including commissioned service providers (such as IT providers);
⎯ Retailers, suppliers, subcontractors and other business partners;
⎯ Customers;
⎯ Swiss and foreign authorities, agencies or courts;
⎯ Media;
⎯ The public, including website and social media visitors;
⎯ Competitors, industry organisations, associations, organisations and other committees;
⎯ Acquirers or parties interested in acquiring the company or business units or other parts of Gurtenfestival AG;
⎯ Other parties in potential or actual legal proceedings.
We are entitled to transfer your personal data to third party companies (commissioned service providers) abroad for the purpose of the data processing described in this data privacy statement. They must comply with data protection to the same extent as we. If the level of data protection in a country does not correspond to that in Switzerland or the EU, we will contractually ensure that at all times the protection of your personal data corresponds to the level in Switzerland or the EU.
6. Duration of the Storage of Personal Data
We process and store your personal data for as long as it is necessary to fulfil our contractual and legal obligations or the purposes otherwise pursued with the processing, i.e. for example for the duration of the entire business relationship (from the start, implementation up until the termination of a contract) as well as beyond in accordance with the statutory retention and documentation obligations. In this context, it is possible that personal data will be stored for the time during which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require such storage (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will, as a matter of principle and to the extent possible, be deleted or anonymised.
7. Data Security
We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse. These are adapted each time to the current state of the art.
8. Obligation to Provide Personal Data
In the context of our business relationship, you must provide such personal data as is necessary to enter into and perform a business relationship and to implement the related contractual obligations (you do not generally have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or perform a contract with you (or the entity or person you represent). Furthermore, the website cannot be used if certain information to secure traffic (such as IP address) is not disclosed.
9. Profiling
We process your personal data partly automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to be able to inform and advise you about products in a targeted manner. In doing so, we use evaluation tools that enable us to communicate and advertise as per identified needs, including market and opinion research.
10. Rights of the Data Subject
Within the scope of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR), you have the right to information, rectification, erasure, restriction of data processing and the right to otherwise object to the processing of data we do as well as to release certain personal data for the purpose of transmitting them to another entity (so-called data portability). Please note, however, that we reserve the right to enforce the restrictions provided by law, for example, if we are obliged to retain or process certain data, if we have an overriding interest in doing so (insofar as we are entitled to invoke this) or if we need the data to assert claims. If you should incur costs, we will inform you in advance. We have already informed you about the possibility of revoking your consent in section 3. Please also note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or financial implications. We will inform you in advance if this is not already set out contractually.
To exercise such rights it is usually required that you clearly prove your identity (e.g. by a copy of your ID document if your identity is not clear or cannot be verified otherwise). To exercise your rights, you can contact us at the address given in section 1.
Each data subject is furthermore entitled to enforce their claim before the courts 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).
11. Amendments
We may amend this data privacy statement at any time without prior notice. The current version published on our website shall apply.
Please read this privacy policy again at regular intervals so that you are always up to date with what we do with your personal data and how you can exercise your rights.
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