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.
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
Use of Social Plugins
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.
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
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
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
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 ReferenceThe 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
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