Version of November 2023
1. Responsible person / representative
Gurtenfestival AG, Frankenstrasse 70, 3018 Bern, is responsible for the data processing described here. If you have any data protection concerns, you can send them to the following contact address: email@example.com
2. Collecting and processing personal data
We primarily process the personal data that we receive from our customers and other business partners as part of our business relationship with them and other persons involved or that we collect from their users when operating our websites and other applications.
We process the data that is generated when you use our website or data that you provide (for example, when you register to receive newsletters). In particular, this involves the following personal data:
− First name
− Last name
− E-mail address
− Your Password
− Address incl. house number, ZIP-code, city and country
− Telephone number
− Payment method
In addition to the data that you provide to us directly, the categories of personal data that 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 utilisation 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 purposes), data in connection with the use of the website (e.g. IP address, MAC address), data relating to the use of the website (e.g. IP address, IP address, MAC address) and other data relating to the use of the website (e.g. IP address, MAC address). This data includes information 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 in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information on your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location data).
3. Purposes of data processing and legal bases
We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular in the context of the web shop and ticket sales, and to fulfil our legal obligations in Switzerland and abroad.
In addition, we also process personal data of you and other persons, to the extent permitted and deemed appropriate by us, for the following purposes in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:
- Conclusion of contracts;
- Offering and further developing our offers, services and websites, apps and other platforms on which we are present
- Communicating with third parties and processing their enquiries (e.g. applications, media enquiries)
- Examination and optimisation of procedures for needs analysis for the purpose of direct customer contact and collection of personal data from publicly available sources for the purpose of customer acquisition
- Advertising and marketing (including the organisation of events), provided you have not objected to the use of your data (if we send you advertising from us as an existing customer, you can object to this at any time and we will then put you on a blacklist against further advertising mailings); 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);
- Ensuring our operations, in particular IT, our websites, apps and other platforms;
- Video surveillance to safeguard domiciliary 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 (e.g. access controls, visitor lists, network and mail scanners, telephone recordings);
- Purchase and sale of business divisions, companies or parts of companies and other corporate transactions and the associated transfer of personal data as well as measures for business management and compliance with legal and regulatory obligations and internal regulations of Gurtenfestival AG.
If you have given us your consent to process your personal data for specific purposes (for example, when you register to receive newsletters or carry out a background check), 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 granted can be revoked at any time, but this has no effect on data processing that has already taken place.
4. Cookies / tracking and other technologies in connection with the use of our website
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 use when you visit our website. This enables 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 are deleted after your website visit (“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 so that it rejects cookies, only stores them for one session or otherwise deletes them prematurely. Most browsers are pre-set to accept cookies. We use permanent cookies [so that you can save user settings (e.g. language, auto-login), so that we can better understand how you use our offers and content, and so that we can show you customised offers and advertising (which can also happen on websites of other companies; however, we do not tell them who you are, if we know that at all, because they only see that the same user is on their website who was also on a certain page with us). Some of the cookies are set by us, some are also set by contractual partners with whom we work. If you block cookies, certain functionalities (such as language selection, shopping basket, ordering processes) may no longer work. In some of our newsletters and other marketing emails, we also include visible and invisible image elements, where permitted, which we can retrieve from our servers to determine if and when you have opened the email so that we can measure and better understand how you use our offers and tailor them to you. You can block this in your email programme; most are preset to do so.
By using our websites and agreeing to receive newsletters and other marketing e-mails, you consent to the use of these techniques. If you do not want this, you must set your browser or e-mail programme accordingly. You can also unsubscribe from the newsletter at any time. The personal data you provide us with for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and deleted after you unsubscribe from the newsletter.
We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties, which may be located in any country in the world (in the case of Google Analytics, it is Google LLC in the USA, www.google.com), with which we can measure and analyse the use of the website (not on a personal basis). Permanent cookies set by the service provider are also used for this purpose. The service provider does not receive any personal data from us (and does not store 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. control of advertising). If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our respective website is used (no information about you personally).
Plug-ins and other integrations of third-party offers
We also use plug-ins from social networks such as Facebook, Twitter, YouTube, Instagram, Spotify and TikTok on our websites. This is visible 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 analyse your use of our digital services. Further personal data, such as IP address, personal browser settings and other parameters may be transmitted to these third parties and stored there. When using a social login service such as Facebook Connect, for example, the provider may send us personal data such as your name, email address and profile picture that they have stored about you. 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 respective third-party providers.
Links to third parties
Gurtenfestival AG assumes no guarantee or warranty with regard to the storage of user data or its use on the servers of third parties.
5. Data transfer and transmission of data abroad
As part of our business activities and for the purposes set out in section 3, we also disclose data to third parties, where permitted and where we deem it appropriate, either because they process it for us or because they wish to use it for their own purposes. This applies in particular to the following bodies:
- Service providers of ours (namely our sister company, Eventon AG), including contract processors (such as IT providers);
- Dealers, suppliers, subcontractors and other business partners;
- domestic and foreign authorities, official bodies or courts;
- The public, including visitors to websites and social media;
- Competitors, industry organisations, associations, organisations and other bodies;
- 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.
6. 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 the duration of the entire business relationship (from the initiation, processing 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 anonymised as far as possible.
7. Data security
We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse. These are adapted in line with the current state of the art.
8. 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 legally obliged to provide us with data). Without this data, we will generally not be able to conclude or fulfil a contract with you (or the entity or person you represent). The website can also not be used if certain information to secure data traffic (e.g. IP address) is not disclosed.
We process your personal data partially automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to provide you with targeted information and advice about products. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research.
10. 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 as well as to the surrender of certain personal data for the purpose of transfer to another body (so-called data portability) within the scope of the data protection law applicable to you and insofar as provided for therein (such as in the case of the GDPR). 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 may invoke this) or need it to assert 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 cancellation of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.
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.
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).