Data Protection

Privacy is a matter of trust and your trust is important to Pricenow. Pricenow respects your personality and privacy. Pricenow also wants to ensure the protection and processing of your personal data in accordance with the law. It is important to Pricenow that you agree to the processing of your personal data. This privacy policy informs you about the data processing principles of Pricenow.

Pricenow treats personal data confidentially, carefully and for the intended purpose. Pricenow has committed itself to high standards of data protection and the processing of personal data is only carried out in accordance with the applicable data protection legislation, in particular the Basic Data Protection Regulation [Datenschutzverordnung [DSGVO] of the European Union and the Federal Act of 19 June 1992 on Data Protection [DSG]). With regard to the DSGVO (where applicable), we would like to mention that our processing of personal data via our website is in most cases based on Article 6(1)(a) DSGVO, as the data processing is necessary for the fulfilment of a contract with you as a contracting party. This is the case, for example, if the data processing is necessary to ensure the purchase of ski tickets or the provision of other services. In other cases, Article 6(1)(f) DPA provides the legal basis for our processing of personal data if the data processing is necessary to achieve the legitimate interests of Pricenow or a third party. This does not apply to cases in which the interests worthy of protection or the fundamental rights and freedoms of the data subjects must be given greater weight than the interests of Pricenow. In addition, Pricenow complies with the following principles.

Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Swiss Confederation (Data Protection Act, DPA), every person is entitled to protection of his or her privacy and protection against misuse of his or her personal data. We comply with these provisions. Personal data is treated in strict confidence and is neither sold nor passed on to third parties. In close cooperation with our hosting providers, we make every effort to protect the databases as well as possible against unauthorised access, loss, misuse or falsification. When you access our websites, the following data is stored in log files: IP address, date, time, browser request and general information transmitted on the operating system or browser. This usage data forms the basis for statistical, anonymous evaluations, so that trends can be identified, on the basis of which we can improve our offers accordingly.

Privacy policy for the use of Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, in the event that IP anonymisation is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the Internet. The IP address transmitted by your browser within the scope of Google Analytics is not merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available under this link. You can also prevent the collection by setting an opt-out cookie. If you wish to prevent the future collection of your data when visiting this website, please click here: deactivate Google Analytics. This website uses Google Analytics with the extension “anonymizeIP()”, so that IP addresses are only processed in a shortened form in order to exclude a direct personal reference.

Data security

Pricenow has technical and organisational security procedures in place to protect the security of your personal data against unauthorised or unlawful processing and/or accidental loss, alteration, disclosure or access. However, you should always be aware that there are inherent security risks in transmitting information via the Internet and other electronic means, and that Pricenow cannot guarantee the security of any information transmitted in this way. Therefore, Pricenow expressly disclaims any liability for any damage resulting from loss of data or from unauthorised access to and processing of personal data.

Disclaimer

The author accepts no responsibility for the correctness, accuracy, topicality, reliability and completeness of the information. Liability claims against the author for material or immaterial damages resulting from access to or use or non-use of the published information, misuse of the connection or technical faults are excluded. All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate announcement or to discontinue the publication temporarily or permanently..

Liability for links

References and links to third party websites are outside our area of responsibility. We decline any responsibility for such websites. Access and use of such websites is at the user’s own risk. Copyrights The copyrights and all other rights to content, images, photos or other files on the website belong exclusively to the owner of this site, or to the specifically named holders of rights, or have been acquired and licensed for this purpose. For the reproduction of any elements, the written consent of the copyright holders must be obtained in advance.

Collection of personal data

During your visit to this website, so-called usage data such as the type of browser and its version, the third party site from which you accessed the website, the date and time of access, the internet protocol address and the internet service provider are stored. Pricenow uses this data to correctly display the content of the website, to optimize the content of the website and the advertising contained therein, to ensure the long-term functionality of our IT and website technology and to provide law enforcement agencies with the necessary information to prosecute cyber attacks. Pricenow does not use the data to draw conclusions about the persons concerned. Other information such as your name, e-mail address, telephone number or other personal data is only collected if you have provided it to Pricenow in the course of using services offered by Pricenow. This includes, for example, name and first name, language preferences, email addresses.

Use of personal data

Pricenow will only use the personal data for the purposes for which you provide it to us, such as subscribing to newsletters or other publications. Pricenow processes your personal data in whole or in part for the following purposes:

Processing in connection with service offers
Pricenow processes personal data within the scope of providing the services offered by Pricenow.

Processing in connection with customer communication
Provision, administration and implementation of customer communication by mail, telephone and electronic means of communication (e-mail, SMS, picture messages MMS, video messages or instant messaging).

Processing in connection with special activities and events
Organisation and implementation of competitions or sweepstakes, including notification and publication of the winners via pricenow.ch, apps for mobile devices or portals on Pricenow’s social networks
Organization and implementation of special events such as events, advertising events, sponsoring events, cultural and sporting events.

Processing in connection with the analysis of customer behaviour
Individualised and personal or anonymous and group-related recording and evaluation of historical and current customer and purchasing behaviour when using the offers on the Pricenow website, apps for mobile devices or on Internet platforms, multimedia portals or social networks;
Individualised and personalised or anonymous and group-related recognition, classification and analysis of current and potential customer needs and interests;

Statistical evaluation of customer behaviour on the basis of anonymised customer data.

Processing in connection with direct marketing
Use of knowledge gained from the analysis of customer behaviour to continuously improve the services offered by Pricenow;
Avoidance of unnecessary advertising through insights from the analysis of customer behaviour for individualised and personalised direct marketing;
Sending individualized and personalized advertising by mail or via telephone, fax, e-mail, voice messages, text messages (SMS), picture messages (MMS), video messages or instant messaging;
Individualized and personalized adaptation of the offers as well as advertising on the Pricenow website, apps for mobile devices or on Internet platforms, multimedia portals or social networks.

Transfer to third parties

Pricenow does not sell, trade or transfer personal information to third parties unless we have informed you of a sale, trade or transfer and you have given your express consent. However, to the extent defined below, Pricenow reserves the right to share the information collected with third parties: Pricenow may disclose personal data to third parties in order to provide technical or organisational services necessary for the fulfilment of the above-mentioned purposes or for Pricenow’s other business activities. The data may not be used, transferred, sold or otherwise made accessible by third parties outside of the processing purpose. The service providers are contractually obliged to process the personal data exclusively in accordance with Pricenow’s instructions. Likewise, service providers and partner areas are contractually required to comply with technical and organisational measures that ensure the protection of personal data. If the Service Providers are located in countries in which the applicable laws do not provide for a level of protection of personal data comparable to that provided by Swiss law or the basic data protection regulation of the European Union, Pricenow will contractually ensure that the Service Providers concerned comply with Swiss and European data protection standards. Pricenow may disclose personal data if this is necessary to comply with applicable laws and regulations, in legal proceedings, at the request of the competent courts and authorities or as a result of other legal obligations to protect or defend the rights or property of Pricenow.

Retention period of personal data

Pricenow will process and retain your personal data only for as long as necessary to achieve the purpose for which the data was collected, but no shorter than required by applicable data protection legislation.

Your rights as a Pricenow user

According to article 15 DSGVO, you have a right to information, the right to correction according to article 16 DSGVO, the right to deletion according to article 17 DSGVO, the right to restriction of processing according to article 18 DSGVO, the right of objection according to article 21 DSGVO and, if applicable, the right to data transferability according to article 20 DSGVO. In addition, if applicable to you, you have the right to appeal to a supervisory authority in accordance with Article 77 DSGVO. You can revoke the consent you have given us for data processing at any time. However, such revocation does not affect data processing operations that took place before the consent was revoked.

Use of cookies and Google Analytics

Cookies are used on the Pricenow website. These cookies are used to ensure the functionality of the website. Among other things, Pricenow uses session cookies to store your language preferences and to store your orders across different pages of an Internet session. Furthermore, Pricenow also uses temporary or permanent cookies. If you choose not to accept cookies from Pricenow, you may not be able to see certain information on the Pricenow website and you may not be able to use certain features. For more information, please refer to the Cookie Policy. In order to constantly improve and optimize Pricenow’s offers, Pricenow uses so-called tracking technologies (web analysis tools). This involves the transfer of data about the use of the website from Pricenow to the server used for this purpose. Depending on the provider of a web analysis tool, these servers may be located abroad. For the most frequently used web analysis tool, Google Analytics, this data is transmitted including shortened IP addresses, which prevents the identification of individual devices. Google complies with the data protection regulations of the “Swiss-U.S. Privacy Shield” agreement and has registered with the US Department of Commerce for the “Swiss-U.S. Privacy Shield”. The IP address transmitted by your browser within the framework of Google Analytics is not merged with other data from Google. A transfer of this data by Google to third parties only takes place due to legal regulations or within the scope of order data processing. You can prevent the collection of data generated by cookies and related to your use of the Pricenow website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link (http://tools.google.com/dlpage/gaoptout?hl=de) Further information on this and the applicable Google privacy policy can be found at https://www.google.com/intl/en/policies/privacy/ and https://www.google.com/analytics/terms/us.html. For more information about Google Analytics, please visit https://www.google.com/analytics/.

Use of Social Plugins

The Pricenow website can use social plugins, e.g. from Facebook or Instagram (so-called providers). The plugins are marked with the logo of the provider and can be e.g. like buttons. When you visit the Pricenow website, your browser establishes a direct connection with the provider’s computers. The content of the plugin is transmitted directly to your browser by the offering site and is integrated into the called website. By integrating the plugin, the provider receives the information that you have called the Pricenow website. If you are logged in at the same time, the provider can assign the visit to your profile. If you interact with the plugins – for example, by clicking the “Like” button or posting a comment – the relevant information is transmitted directly from your browser to the provider and stored there. If you do not want the provider to collect information about you through the Pricenow website, you must log out of the provider’s site before visiting the Pricenow website. Even when you are logged out, the providers collect anonymous data via the social plugins and set a cookie for you. This data can be assigned to your profile if you log in to the provider at a later time. If a login is offered via a social login service – e.g. Facebook Connect – data is exchanged between the provider and the Pricenow website. With Facebook Connect, for example, this could be data from your public Facebook profile. By using such login services you agree to the data transfer. The purpose and scope of the data collection and the further processing of your data by the provider as well as your rights and settings to protect your privacy can be found in the privacy policy of the provider. If you do not wish the provider to collect data about you via these cookies, you can select the “Block third-party cookies” function in your browser settings. In this case, the browser will not send cookies to the server for embedded content from other providers. This setting may prevent other features of the Pricenow website from working.

Changes to this privacy policy

Pricenow reserves the right to change this privacy policy at any time. Pricenow encourages you to periodically review this Privacy Policy so that you are always aware of Pricenow’s current approaches to protecting your personal information until. By visiting the Website, you also acknowledge your obligation to review this Privacy Policy regularly and to be aware of any changes.

Applicable law

Any dispute arising out of or in connection with the use of this website shall be governed by Swiss law and shall be settled exclusively by the courts at Pricenow’s registered office in Reichenbach, Switzerland (excluding the conflict of laws provisions). If you have any questions about this privacy policy or the processing of personal data by Pricenow, you can contact our data protection officer at any time at the following address: privacy@pricenow.ch

 

General Terms and Conditions for Consulting and Software Services of Pricenow AG (GTC)

1 Scope of application

The GTC apply to offers made by Pricenow AG and to contracts between Pricenow AG and its clients (customers), provided that reference is made to these GTC in the offer, in the order confirmation or in a contractual document. These GTC are an integral part of these contracts and offers. In case of contradictions, the provisions in the contract text take precedence over these GTC. General terms and conditions of the customer do not become part of the contract. The GTC also apply to all future orders of the customer or if the customer accepts services from Pricenow AG.

2 Form

All agreements (including subsequent amendments, subsidiary agreements and assurances) of the contracting parties that bind Pricenow AG must be in writing to be valid. Other forms of transmission that enable proof to be provided by text – such as fax and e-mail – are equivalent to the written form.

3 Validity of Offers

Unless otherwise agreed, offers are valid for 60 days from the date of issue.

4 Services

4.1 In general

Pricenow AG undertakes to carry out the order competently and carefully, whereby the customer has the right to information about all parts of the order at any time.

4.2 Employees

Pricenow AG only uses carefully selected and well-trained employees. The company may also call in third parties.

 5 Deadlines

Pricenow AG assumes that the client will provide all services on time, in particular the delivery of necessary documents, in order to meet the agreed deadlines. Deadlines are only binding if they have been explicitly designated as such.

6 Services of the customer

Documents and information required for the provision of services will be provided to Pricenow AG by the client in a timely manner and without special request. Pricenow AG assumes that the information and documents provided are complete and correct. Unless otherwise agreed, Pricenow AG is not obliged to check the information and documents for correctness, completeness or possible contradictions.

7 Use of the work results

The work results are intended solely for the use and general information of the customer and, unless otherwise agreed, may not be passed on to third parties or used for any other purpose than that agreed in the order. Unless otherwise agreed, the copyrights to work results remain with Pricenow AG.

8 Prohibition of assignment and transfer

The rights under the agreement cannot be assigned to third parties by the customer or by Pricenow AG and/or the agreement cannot be transferred to a third party without the consent of the other party. If the consent of all parties is present, and if the agreement or the fee obligation is transferred from the client to a third party, the client is additionally liable to Pricenow AG for all existing and future claims arising from the fee against the third party independently, jointly and severally and without limitation.

9 Customer’s obligation to inspect and give notice of defects

The work results must be checked by the customer immediately and any complaints must be notified to Pricenow AG in writing within 60 days of receipt. If this is not done, the results of the order shall be deemed approved. If the complaint is justified, Pricenow AG will, if appropriate and suitable for the purpose, improve the work results at its own expense. Further rights are excluded.

10 Additional services

Services that exceed the agreed scope of services and are related to the protection of the customer’s interests and careful fulfilment of the order are to be paid for additionally by the customer. The client will be informed immediately by Pricenow AG about the extended scope of services and the costs incurred.

11 Fees

11.1 Expiration/Delay

The customer is in default without reminder if the payment period stated on the invoice expires unused and owes Pricenow AG the statutory default interest in addition to the invoice amount.

11.2 Prohibition of offsetting

The customer is not entitled to withhold due payments or to offset them against counterclaims, with the exception of counterclaims that have been expressly acknowledged in writing by Pricenow AG or that have been established in a legally binding judgement.

11.3 Value Added Tax

All prices are without the legal value added tax. If, by mistake, no VAT has been charged for our services, although the services are subject to VAT according to the applicable VAT laws or different interpretations of the tax authorities, Pricenow AG reserves the right to invoice the VAT subsequently.

12 Limitation of liability

12.1 Consultation

Within the scope of the consulting assignment, decision bases are developed, which contain the measures to be taken by the client as principal. The responsibility for the implementation of these measures and their consequences lies exclusively with the client. In particular, Pricenow AG cannot guarantee economic success.

12.2 Software applications

If Pricenow AG provides the customer with software applications or creates such applications, the parties conclude a separate agreement (license agreement or development contract).

12.3 Disclaimer of liability

Pricenow AG and its employees and support personnel are not liable for pure financial loss, indirect or consequential damages. Liability for slight negligence is excluded. Pricenow assumes no liability for third parties/subcontractors called in and their work results.

12.4 Limitation of Liability

Pricenow AG’s liability is limited in total to the amount of the fee owed in accordance with the agreement. This limitation applies to any kind of damage, based on whatever legal grounds.

13 Discretion and secrecy

13.1 Confidentiality

Pricenow AG, including its employees and any third parties involved, undertakes to treat all data, information, documents and records not generally known, which it has learned about the client or its business relations in the course of the contractual relationship and which belong to the client’s confidential sphere and are neither openly known nor generally accessible, as strictly confidential and not to make them available to third parties without the client’s consent.

13.2 Data basis

Pricenow AG is dependent on this and reserves the right to freely use the data provided by the client within the scope of the order for its own purposes, provided that this does not allow third parties to draw conclusions about the client or its contractual partners. Pricenow AG is entitled to the rights to the results of any processing of this data by Pricenow AG.

13.3 Reference

The customer grants Pricenow the right to include the customer in the reference list of Pricenow AG and to name the customer as a reference (simple right of use of the customer’s company name and logo). The customer can revoke this right at any time towards Pricenow AG.

14 Data protection

Pricenow undertakes to process personal data exclusively in accordance with the applicable data protection legislation, in particular the Basic Data Protection Regulation [DSGVO] of the European Union and the Federal Act of 19 June 1992 on Data Protection [DSG]). Pricenow takes appropriate technical and organisational measures to maintain the security of personal data and to prevent unauthorised or unlawful processing. Pricenow protects personal data against accidental loss, alteration, disclosure or access. However, Pricenow expressly disclaims any liability for damages resulting from loss of data or unauthorized access and processing of personal data. This also applies to damages resulting from the transfer of personal data to third parties within the scope of the respective processing purpose. Further information about the rights as a user of Pricenow can be found in the current version of the Privacy Policy.

15 Severability clause

Should any provision of the agreement concluded between the customer and Pricenow AG become invalid or void, the legal validity of the remaining provisions shall remain unaffected. Instead, the provision in question shall be replaced by a provision which the parties would have chosen in good faith had they been aware of the invalidity of the provision in question. The same applies analogously in the event of a gap.

16 Place of jurisdiction and applicable law

The offers of Pricenow AG as well as agreements between Pricenow AG and the client are subject to Swiss law (excluding the conflict of laws). Exclusive place of jurisdiction for all disputes between Pricenow AG and the customer is the registered office of Pricenow AG.

 

Pricenow AG, May 2020