Privacy Policy

Attention right of way! Short "break" before the Bernina Express.
Attention right of way! Short "break" before the Bernina Express.
Privacy policy and general terms of use of the website of TESSVM, 7550 Scuol, Switzerland │As of May 2018. By using the website www.rad-marathon.ch, you agree to the following terms.

Privacy policy

The Engadin Radmarathon operates the www.rad-marathon.ch website and is responsible for the collection, processing and use of your personal data. The Engadin Radmarathon is therefore also responsible for ensuring that all data processing takes place in accordance with applicable law.

The protection of your personal data is of great concern to us. We take the topic of data protection seriously and pay attention to the security of your data. We comply with all applicable legal regulations, in particular the Swiss Data Protection Act (DSG) and the Ordinance to this Act (VDSG) as well as the provisions of the Telecommunications Act (TCA). Where applicable, we also observe the provisions of the European Union's General Data Protection Regulation (GDPR).

It is important to us that you know what personal data we collect from you, how this is done, how this data is processed and for what purposes this is done. By using our website, you declare your consent to all of this data processing within the meaning of Art. 6 Para. 1 lit. a DSGVO. Therefore, please read the following information carefully.

I What data do we process when you visit our website?  
When you visit our website, our servers temporarily store each access in a log file. The following data is collected automatically:

  • the IP address of the requesting computer
  • the date and time of the access
  • the name and URL of the file accessed
  • the website from which the access was made
  • the operating system of your computer and the browser you are using
  • the country from which you accessed the site and the language settings of your browser
  • the name of your Internet access provider

This data is collected and processed to enable the use of our website (connection establishment), to ensure system security and stability, for the optimization of our Internet offering and for internal statistical purposes. In particular, the IP address is used to record your country of residence and to make the appropriate settings (e.g. language). The IP address is also stored in order to be able to react appropriately to attacks on our network infrastructure. In all these purposes lies our legitimate interest in this data collection and data processing within the meaning of Art. 6 para. 1 lit. f DSGVO.

Finally, we would like to point out that we also use so-called cookies, tracking tools and social media plug-ins when you visit our website (for more information, please refer to sections V to VIII) and that collected data may be forwarded to third parties and/or abroad (for more information, please refer to sections IX and X).

II What data do we process when you use our contact form?

You have the possibility to use a contact form on our website to get in touch with us. The input of certain data is mandatory, for other data this is voluntary:

  • Name (mandatory)
  • E-mail address (mandatory)
  • Message (mandatory)

We will mark the mandatory data as such. Failure to provide this information may hinder the provision of our services. The provision of other information is voluntary and does not affect the use of our website. We use this data only to be able to answer your contact request in the best possible and personalized way. This is also our legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO. You can object to this data processing at any time. This is explained in more detail in section XIII.

III What data do we process when you subscribe to our newsletter?

On our website you have the possibility to subscribe to our newsletter. Registration is required for this. The following data must be provided as part of the registration:

  • Salutation (mandatory)
  • First and last name (mandatory)
  • E-mail address (mandatory)
  • Country (mandatory)

This information is necessary for data processing. We process this data exclusively in order to personalize the information and offers sent to you and to better align them with your interests.

We use mailingwork's e-marketing suite to send our newsletter. Our newsletter may also contain a so-called web beacon (tracking pixel) or similar technical means. A web beacon is a 1x1 pixel, invisible graphic that is associated with the user ID of the respective newsletter subscriber.

The recourse to corresponding services enables the evaluation of whether the e-mails with our newsletter were opened. In addition, this also allows the click behavior of newsletter recipients to be recorded and evaluated. We use this data for statistical purposes and to optimize the newsletter in terms of content and structure. This enables us to better tailor the information and offers in our newsletter to the individual interests of the respective recipient. The tracking pixel is deleted when you delete the newsletter. To prevent tracking pixels in our newsletter, please set your mail program so that no HTML is displayed in messages.

By registering, you give us your consent for the processing of the specified data for the regular dispatch of the newsletter to the address you have provided and for the statistical evaluation of the usage behavior for the optimization of the newsletter. This consent constitutes our legal basis for the processing of the aforementioned personal data within the meaning of Art. 6 para. 1 lit. a DSGVO. In the aforementioned evaluation purposes also lies our legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.

At the end of each newsletter there is a link that allows you to unsubscribe at any time. You can unsubscribe for the entire newsletter or only for certain channels. If you unsubscribe from the entire newsletter, all your related data will be deleted from our system.

IV What happens to your data when you make a booking, order or reservation with a third party via our website?

There are various options on our website for making bookings or reservations, requesting information material or other services. The corresponding services are usually provided by third parties. Insofar as this is necessary, the data that is collected in the process is forwarded to these third parties. This involves, for example, the following data:

  • Salutation and/or company
  • First and last name
  • Address (street, house number, postal code, city, country)
  • Other contact data (e-mail address, phone number)
  • Credit card or other payment data

Mandatory entries are marked as such in each case. This is information that is required to provide the booking services. The provision of other information is voluntary and has no influence on the use of our website or the booking services. We would also like to point out that the data you enter is usually also collected directly by the provider of a booking service and stored by them and/or forwarded to them by us. Insofar as the provider of a booking service then processes the collected data independently, the data protection provisions of the respective provider apply, and we ask you to consult these as well. The legal basis for this data processing lies in the fulfillment of a contract within the meaning of Art. 6 (1) lit. b DSGVO.

V Which of your data is collected and processed for advertising purposes?

In the following section, we would like to show you which of your data is collected and processed for advertising purposes and how this is done. This data processing is all based on a legitimate interest within the meaning of Art. 6 Para. 1 lit. f DSGVO, whereby our interest lies in particular in direct marketing and the analysis and evaluation of the use of our website. By using our website, you also give us your consent to this data processing within the meaning of Art. 6 para. 1 lit. a DSGVO.

1. Creation of pseudonomized usage profiles

In order to provide you with personalized services and information on our website (on-site targeting), we use and analyze the data we collect about you when you visit the website. In the corresponding processing, so-called cookies may also be used if necessary (for more details, see section VI). The analysis of your user behavior may lead to the creation of a so-called usage profile. Usage data is only merged with pseudonyms, but never with non-pseudonymized personal data.

To enable personalized marketing in social networks, we integrate so-called remarketing pixels from Facebook and Twitter on the website. If you have an account with a social network included via this and are logged in there at the time of the page visit, this pixel links the page visit with your account. If you wish to prevent this link, you must log out of your respective account before visiting the site. You can also make further settings for advertising in the respective social networks in your user profile.

2. Retargeting

We use so-called retargeting technologies on the website. This involves analyzing your user behavior on our website in order to be able to offer you customized advertising on partner websites. Your user behavior is recorded pseudonymously. Most re-targeting technologies work with so-called cookies (for more information on cookies, see section VI).

For more information about the retargeting technologies used and the data processing that occurs as a result, see:

Google Analytics globalTerms and ConditionsPrivacy PolicyFacebook globalTerms and ConditionsPrivacy PolicyGoogle AdWords Remarketing UKTerms and ConditionsPrivacy Policy

You can prevent re-targeting at any time by rejecting or switching off the relevant cookies in the menu bar of your web browser (for more information on cookies, see section VI). In addition, you can request an opt-out for the aforementioned additional advertising and re-targeting tools via the Digital Advertising Alliance website at optout.aboutads.info.

VI What are cookies and what are they used for?

Cookies are information files that your web browser automatically stores on your computer's hard drive when you visit our website. Cookies help us to make your visit to our website easier, more pleasant and more meaningful. For example, we use cookies to better tailor the information, offers and advertising we display to your individual interests. Most Internet browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a message always appears when you receive a new cookie. However, deactivating cookies may mean that you cannot use all the functions of our website.

VII What are tracking tools and what are they used for?

On our website we use various additional so-called tracking tools. With these tracking tools, your surfing behavior on our website is observed. This observation takes place for the purpose of demand-oriented design and continuous optimization of our website. In this context, pseudonymized usage profiles are created and cookies are also used.

On this website, ADEX GmbH (www.theadex.de) and ADITION Technologies AG (www.adition.de) collect and store anonymized data. This data is used to analyze visitor behavior. Cookies can be used for this purpose. These are small text files that are stored locally on the site visitor's computer and thus enable recognition when our website is visited again. The IP address of the site visitor is shortened by ADEX GmbH and ADITION Technologies AG before storage and thus anonymized. You can object to the collection and storage of data by ADEX GmbH at any time with effect for the future by clicking on the following link: Click here ,to deactivate tracking in this browser (ADEX-Opt Out) and You can object to the collection and storage of data by Adition Technologies AG at any time with effect for the future under the following link: Click here ,to disable tracking in this browser(Adition-Opt Out).

This website uses Mouseflow, a web analytics tool from Mouseflow ApS, Flaesketorvet 68, 1711 Copenhagen, Denmark, to record randomly selected individual visits (with anonymized IP address only). This creates a log of mouse movements, mouse clicks and keyboard interaction, with the intention of randomly replaying individual visits to this website as so-called session replays as well as evaluating them in the form of so-called heatmaps and deriving potential improvements for this website. The data collected by Mouseflow is not personal and will not be passed on to third parties. The storage and processing of the collected data takes place within the EU. If you do not wish Mouseflow to collect your data, you can object to this on all websites that use Mouseflow by clicking on the following link: https://mouseflow.de/opt-out/.

VIII Is collected data passed on to third parties?

We will only pass on your personal data if you have expressly consented to this, if there is a legal obligation to do so or if this is necessary to enforce our rights, in particular to enforce claims arising from the relationship between you and the Engadin Radmarathon. In addition, we share your data with third parties to the extent that this is necessary in the context of the use of the website for the provision of the services you have requested as well as the analysis of your user behavior, as described above. Insofar as this is necessary for the aforementioned purposes, the transfer may also take place abroad. Insofar as our website contains links to third-party websites, the Engadin Radmarathon no longer has any influence on the collection, processing, storage or use of personal data by the third party after clicking on these links and, to the extent permitted by law, accepts no responsibility or liability for this.

IX Will data be transferred abroad?

1. General

The Engadin Cycling Marathon is entitled to transfer your personal data also to third parties (i.e. contracted service providers) abroad, if this is necessary for the data processing described in this privacy policy. These third parties are obligated to data protection to the same extent as we are. If the level of data protection in a country does not correspond to that in Switzerland or the EU, we contractually ensure vis-à-vis the third party that the protection of your personal data corresponds to that in Switzerland or the EU at all times.

2. Data transfers to the USA

For the sake of completeness, we would like to point out that in the USA, surveillance measures are in place by US authorities that generally allow the storage of all personal data of all persons whose data has been transferred from Switzerland to the USA. This is done without any differentiation, limitation or exception based on the objective pursued and without any objective criterion that would make it possible to limit the access of the US authorities to the data and their subsequent use to very specific, strictly limited purposes that are capable of justifying the intrusion associated both with the access to these data and with their use. In addition, we would like to point out that there are no legal remedies available in the U.S. that would allow you to obtain access to the data concerning you and to obtain its correction or deletion, or that there is no effective judicial protection against general access rights of U.S. authorities.

It is important to us to inform you of this legal and factual situation so that you can make an appropriately informed decision to consent to the use of your data.

We would also like to point out to users residing in a member state of the EU that the USA does not have a sufficient level of data protection from the perspective of the European Union - among other things due to the issues mentioned in this section.

To the extent that we have explained in this Privacy Policy that recipients of data (such as Google, Facebook, and Twitter) are located in the U.S., we will ensure that your data is protected with an appropriate level of protection with our partners either through contractual arrangements with these companies or by ensuring that these companies are certified under the EU-US Privacy Shield.

X Data security and confidentiality

We use appropriate technical and organizational security measures to protect your personal data stored with us against manipulation, partial or complete loss and against unauthorized access by third parties. Our security measures are continuously improved according to the latest state of the art.

It is important that you always keep your payment information (especially credit card information) confidential. We recommend that you close the browser window when you have finished communicating with us, especially if you share a computer with other people.

We also take internal data protection very seriously. Our employees and the service companies commissioned by us have been obligated by us to maintain confidentiality and to comply with the provisions of data protection law.

XI Data retention

We store personal data only for as long as is necessary,

  • to use the tracking, advertising and analysis services mentioned above within the scope of our legitimate interest;
  • to carry out, to the extent mentioned above, services that you have requested or to which you have given your consent;
  • to comply with our legal obligations.

We retain data in connection with the conclusion or fulfillment of a contract for a longer period of time because we are required to do so by legal retention obligations, for example in accounting regulations and tax law. According to these regulations, business communication, concluded contracts and accounting vouchers must be kept for up to 10 years. If we no longer need this data to perform services for you, the data is generally blocked. This means that the data may then only be used for accounting and tax purposes.

XII Your rights

You have the right to receive information about the personal data stored by us about you free of charge upon request. In addition, you have the right to correct inaccurate data and the right to have your personal data deleted, insofar as this does not conflict with a legal obligation to retain the data or an authorization that allows us to process the data. In accordance with Articles 18 and 21 DSGVO, you also have the right to request restriction of data processing and to object to data processing. You also have the right to demand that we return the data that you have provided to us (right to data portability). Upon request, we will also pass on the data to a third party of your choice. You have the right to receive the data in a common file format.

If data processing is based on your consent, you can revoke this consent at any time.

You can contact us for the aforementioned purposes via the e-mail address info@rad-marathon.ch. You can also tell us what you want to happen to your data after your death by giving us appropriate instructions. In order to process your requests, we may, at our discretion, require proof of identity. If you contact us, we will endeavor to provide you with a response and take the requested steps as soon as possible.

If you are a resident of an EU country, you have the right to complain to a data protection supervisory authority at any time.

Copyrights

All texts, photos, etc. on the website "www.rad-marathon.ch" are protected by copyright. This data may be used only with the consent of the copyright holder. To obtain the consent of the copyright holder and to conclude the corresponding agreement, please contact info@engdin.com.

The Engadin Cycling Marathon provides users of the website "www.rad-marathon.ch" with links to other tourist websites or websites of general interest. The Engadin Cycling Marathon is in no way responsible for the content of the linked pages and by providing a link to the corresponding pages does not give its consent to the content of these pages. The user of "www.rad-marathon.ch" uses the linked websites at his own risk. The Engadin Radmarathon recommends to check the content of the used internet pages for actuality and correctness. - Due to German court decisions, the Engadin Radmarathon dissociates itself in any form from the content of the linked pages. - The Engadin Radmarathon cannot be held responsible under any legal title for the consequences of the use of the linked pages.

Up-to-dateness of data, correctness, conclusion of contract, data transmission

The Engadin Cycling Marathon makes every effort to keep the information listed on this website as up-to-date and correct as possible. Since this information can change quickly, the Engadin Radmarathon cannot guarantee its accuracy. The Engadin Radmarathon cannot be held liable under any legal title for incorrect or outdated information and data as well as the consequences of their use.

The travel suggestions and other information published on the Engadin Cycling Marathon website are not binding offers of the Engadin Cycling Marathon or of service providers mentioned in the travel offers.

The Engadin Cycling Marathon excludes any liability for the security of the transmission of data via the Internet.

Google Analytics

This website uses Google Analytics, a web analytics service provided by 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 transmitted to a Google server in the USA and stored there. In the event that IP anonymization is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. 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 add-on to disable Google Analytics.

Bing Ads

Our online offers also use the conversion tracking of Microsoft (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). Microsoft Bing Ads sets a cookie on your computer if you have accessed our website via a Microsoft Bing ad. In this way, Microsoft Bing and we can recognize that someone has clicked on an ad, been redirected to our website and reached a previously determined target page (conversion page). We only learn the total number of users who clicked on a Bing ad and were then redirected to the conversion page. No personal information about the user's identity is disclosed. If you do not wish to participate in the tracking process, you can also refuse the setting of a cookie required for this - for example, via a browser setting that generally deactivates the automatic setting of cookies. Further information on data protection and the cookies used by Microsoft Bing can be found on the Microsoft website.

Amazon

On this website, we use the Amazon Advertising Platform tool of Amazon Online Germany GmbH, Marcel-Breuer-Strasse 12, 80807 Munich, Germany, which collects data for analysis, marketing and optimization purposes and thereby helps us to improve our marketing measures or our website. The data collected is used by Amazon to link advertising contacts and clicks on advertisements with a resulting use of our website. In this way, we can determine whether Internet users who have seen our ads visit our website or which products they are interested in. This helps us to use our advertising budget more efficiently. The data collected may also be used by us to deliver advertisements based on your interests (e.g. products viewed). For data collection, pseudonymous online identification numbers (Online ID) such as cookie IDs, IP address, device IDs, advertising ID / IDFA (e.g. on Android or Apple smartphones) are used. Here, no unique user-related data such as name or address is stored. All IDs used by us only enable the recognition of your terminal device or your internet browser. The collected data will not be used to personally identify you as a user of our website without your separate consent. The legal basis for data processing is Art. 6 para 1a and 1f DSGVO or § 15 para 3 TMG. If you do not want Amazon to collect data, you can proceed as follows:

Under this link you have the option to deactivate the data collection by Amazon on your computer or your mobile device. To do so, activate the "Opt Out" checkbox in the list displayed under "Amazon Ad System".

Liability

You, as a user of this website, hereby acknowledge that the operator of this website, its vicarious agents, its representatives, affiliated companies, its directors, its officers, its employees and its shareholders do not assume any liability in connection with the collection, transmission, processing and evaluation of the above-mentioned data and thus no claims for damages can be asserted against these natural persons and legal entities in this regard.

Application of law and jurisdiction

The use of this website is exclusively subject to Swiss law. The exclusive place of jurisdiction is agreed to be Chur, Switzerland.