bergfex GmbH (hereinafter referred to as “bergfex” or “we”) operates the websites www.bergfex.at ( www.bergfex.com , www.bergfex.de , etc.) and other services, including foreign language websites and the mobile applications (“apps”) bergfex/Tours, bergfex/Weather and bergfex/Ski. The websites, mobile applications and other offers are hereinafter also referred to collectively as the “bergfex services” or “the offer”. As part of your use of the bergfex services, we collect and use personal data from you in accordance with the following data protection provisions:
subject of the data protection regulations
Protecting your member account
1. Subject of the data protection provisions
This privacy policy describes how we treat your personal data when you use the bergfex services. We collect and use your personal data in compliance with the data protection laws of the Republic of Austria. If bergfex provides you with access to offers, services or benefits of third parties via the bergfex services and you use them, their respective data protection policies apply. We are not aware of the data protection policies of third parties and do not check them. We accept no liability for the data protection of these companies and recommend that you read their data protection policies. If you have any questions about our apps, “My bergfex” or other areas, take a look at our
FAQ .
2. Responsible body
The responsible body within the meaning of the statutory data protection regulations is bergfex GmbH, Neupauerweg 30a, 8052 Graz, Austria. If you have any questions about data protection, please contact the same postal address or send an email to datenschutz@bergfex.at .
3. Collection of personal data
The legal basis for the processing of your personal data is your express consent given below in accordance with Art. 6 Paragraph 1 Letter a in conjunction with Art. 7 and Art. 9 Paragraph 2 Letter a of GDPR. We collect and store personal data from you to the following extent:
3.1 Use of our website without registration
You can visit our website and use individual offers of the bergfex services without having to register as a bergfex member.
3.2 Registration as a member
In order to use all the functions of the bergfex services, you must register. To do this, we need a valid email address from you, as well as a user name and password, as well as a first name and last name. You can choose your user name and password freely. In particular, your user name does not have to be your real name or part of it. Your first name, last name, email address and password are not visible to third parties by default. You can change this setting in your user profile.
3.3 Creating your profile
You can enter additional personal data such as your address, date of birth and other personal information in your profile on a purely voluntary basis. Your address and date of birth are not visible by default, but optionally entered hobbies and an uploaded profile picture are displayed. You can view, change and delete your stored personal data in your profile at any time, as well as change the display options.
3.4 Comments, ratings and other contributions
Your comments and ratings, together with your freely chosen user name, are visible to both registered members of the bergfex services and non-registered visitors to our website and, where applicable, visitors to partner offers. Other people can therefore generally read your comments and ratings. If you do not want your real name to be associated with this content, you should therefore not link your real name to your user name. In addition, we save your contributions in discussion forums in the bergfex services with your user name. These contributions are also visible to non-registered bergfex users.
3.5 Log data
Each time you access our website and the bergfex services, individual data relating to your interaction with our website and the bergfex services, such as the current IP address, the Internet browser used, the previously visited website (“referrer”) and the access times, are automatically transferred to bergfex by your computer and stored by us in so-called log files. We use the above-mentioned log data pseudonymously to create user profiles for the purposes of needs-based advertising, market research and the design of the bergfex services. We do not combine the user profiles created in this context with your personal data. If you do not agree to the above use of your data, you can object to this use for the future at any time. Please send a message with your objection in writing to datenschutz@bergfex.at , stating your user name and the email address stored on your profile page under “Settings” . We also store this log data for reasons of data security (i.e. to protect our systems and the data stored therein against unauthorized access), to detect and eliminate errors in our systems and for cases where, based on certain facts, there is a suspicion that the bergfex services are being used under a member account in an illegal or contractually infringing manner, e.g. to commit criminal offenses such as incitement to hatred (Section 130 of the German Criminal Code) or the depiction of violence (Section 131 of the German Criminal Code).
3.6 Cookies
Every browser uses information to communicate with websites that are accessed on the respective devices. As a web portal, we carry out various data processing on our website. In addition to our own processing activities, we are dependent on integrating third-party content into our website. On the one hand, we do this for content/editorial reasons and, on the other hand, for economic reasons, we use the option of making our website available to third parties as an advertising space.
In order to make using the bergfex services as convenient as possible for you, we use cookies. Cookies are small data files that are stored on your hard drive and thus enable you to be recognized by our website. We use so-called “session cookies”. These are cookies that are automatically deleted from your hard drive after you have finally left the website. We use these cookies to confirm that you are registered as a member for the duration of your interaction with our website. Cookies are also used that are stored on your hard drive even after you log out of bergfex. We need them for you to log in automatically the next time you use the bergfex services and to save the city for which you would like to see the local cinema program. These cookies expire automatically after six months. You can set your Internet browser to prevent cookies from being saved if you do not want cookies. However, this may mean that you will no longer be able to use all bergfex services or their functions to their full extent. Furthermore, for economic reasons, we use the option of making our website available to third parties as an advertising space (“advertising cookies”).
The following types of cookies are used on bergfex:
Functionality cookies, personalization cookies, performance or web analysis cookies, advert/advertising/targeting cookies, retargeting cookies, and third-party cookies.
3.7 Web analysis services
We use “Google Analytics”, a web analysis service provided by Google Inc. (hereinafter “Google”) or similar web analysis services on the bergfex services websites. Google uses cookies that are stored on your computer and that enable an analysis of your use of the websites for our purposes. The information generated by the cookies about your use of our websites, including your current but shortened (see below) IP address and your demographic data, are transmitted to a Google server in the USA and stored there. Google uses this information to evaluate your use of our websites, to compile reports on the activities of users of our websites and to provide other services related to internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on Google’s behalf. Google will never associate your IP address with other Google data. You can prevent the installation of these cookies by setting your internet browser accordingly. As a precaution, we would like to point out that in this case you may not be able to use all functions of the bergfex services to their full extent. You can object to the collection and use of your IP address by Google Analytics at any time with effect for the future. You can find more information about this at https://tools.google.com/dlpage/gaoptout (Google Analytics browser deactivation add-on for download).
3.8 Applications of third-party service providers
3.8.1 Facebook
If you are a member of facebook.com, we offer you the opportunity to log in to bergfex and use our services using your Facebook account via the Facebook “Facebook Connect” application integrated into our website. This registration alternative allows you to have certain of your personal data stored on facebook.com transferred from Facebook to bergfex. As part of this registration process, Facebook will inform you which of your data should be transferred (“Facebook data”) and ask you for your express consent to do so. No personal data will be transferred from Facebook to us without your consent. We use your Facebook data for the purposes set out in sections 4.1 to 4.4 below as part of the bergfex services. In addition, we use it in an anonymized form to create statistics and analyses for the purpose of improving and further developing the bergfex services for all users. Of course, even if you are a member of facebook.com, you can register as a user directly with bergfex on our website like any other user without transferring data from your Facebook account to us.
3.8.2 App services
For the purpose of improving and further developing our apps, we use the following service providers:
– Firebase
3.9 Apple HealthKit
Only pulse and step data are transmitted to bergfex via Apple HealthKit, and bergfex only reads and stores these in connection with the respective activity. All data collected is treated confidentially, not passed on to third parties, and not used for marketing purposes.
HealthKit is an activity data processing service provided by Apple Inc. that accesses or stores activity data. More information: Apple HealthKit
3.10 Duration of storage
If you register on our website, we will store your data for as long as your account exists and thereafter only for as long as legal obligations require.
3.11 Your rights in connection with personal data
You are entitled, among other things (under the conditions of the applicable law in the currently valid version), (1) to check whether and what personal data we have stored about you and to receive copies of this data, (2) to request the correction, addition or deletion of your personal data that is incorrect or is not processed in accordance with the law, (3) to request that we restrict the processing of your personal data, and (4) under certain circumstances to object to the processing of your personal data or to withdraw the consent previously given for the processing, whereby this does not affect the legality of the data processing carried out on the basis of the consent given up to that point and until the withdrawal, (5) to request data portability, (6) to know the identity of third parties to whom your personal data is transmitted and (7) to lodge a complaint with the competent authority.
4. Use of data
4.1 Use of bergfex services
We use your personal data to enable you to use the bergfex services and to provide the services offered as part of the bergfex services as well as to provide you with access to third-party services.
4.2 Newsletter
We regularly send newsletters with tourist offers and information. The newsletter is only sent to those people who have independently and actively agreed to receive it in their user profile, in an inquiry form, in a competition, etc. Registration does not automatically result in our newsletters being sent. You can revoke your consent to receive the newsletter at any time. The revocation of the consent does not affect the legality of the data processing carried out on the basis of the consent until the revocation.
4.3 Personalized services and content
We offer personalized services to show you content such as ski resorts, webcams, weather, etc. optimized to your personal interests. For this purpose, we use information that you can optionally enter with us, in particular your favorite ski resorts. However, we do not pass on this personal data.
4.4 Prosecution of illegal and contractually infringing actions; ensuring data security
We may use your personal data, including the data stored in your profile and your IP address, for the purposes of data security and to prevent and prosecute actions in connection with the use of the bergfex services that are suspected of being unlawful or in breach of contract, in particular in the case of criminal offenses such as incitement to hatred (Section 130 of the German Criminal Code) or depiction of violence (Section 131 of the German Criminal Code), or in the case of a significant violation of our General Terms and Conditions.
5. Protecting your member account
Your password is the key to your member account. Please use different numbers, letters and special characters and do not share your password with anyone. If you share your password with others, remember that you are responsible for all actions that occur through your member account and may be held legally liable for them. Therefore, if your password is compromised for any reason, you should notify us immediately and change your password. We store your password in encrypted form using state-of-the-art technology and therefore cannot be viewed by us or outsiders.
6. Right to information
As a bergfex member, you have the right, in accordance with applicable data protection laws, to receive information about the type and extent of the data we have stored about you at any time. In your bergfex account (Settings / My Data area), you can always get an overview of which of your data we have stored. If you do not have a bergfex account, send us an email to datenschutz@bergfex.at and you will immediately receive information about where and which data we have stored about you.
7. Deletion of data
You can request deletion of your account at any time by sending an email to datenschutz@bergfex.at . We will then delete your personal data, including your comments and your user name, immediately. Only data that we still need to assert any existing contractual or legal rights against you, e.g. in the event of legal disputes, or that we are legally obliged to retain, can be excluded from deletion. We will block this data. If you have a bergfex account, you can delete your entire account yourself at any time in the “Settings -> My data” area. There you will also receive an overview of which of your data we have stored.
We will also check your account after two years; if we have not detected any activity within this time, we will send you emails every two months to confirm. After three years without activity or confirmation, we will delete your account (excluding accounts with public tour displays).
8. Changes to this Privacy Policy
We reserve the right to change this privacy policy at any time in compliance with the applicable data protection regulations. We will inform you of such changes in advance by email. The amended privacy policy will take effect on the date stated in the amended privacy policy.
9. Consent to the collection and use of data
Some of the uses of your personal data described above require your consent:9.1 I consent to bergfex storing and using my personal data, including the data provided in my profile and my IP address, for the purposes of data security and the prevention and prosecution of actions in connection with the use of bergfex services that are suspected of being illegal or in breach of contract, in particular in the case of criminal offenses such as incitement to hatred (Section 130 of the German Criminal Code) or depiction of violence (Section 131 of the German Criminal Code), or in the case of a significant violation of bergfex’s general terms and conditions.9.2 I consent to bergfex informing me in newsletters by email about new functionalities, offers and promotions at bergfex, sending me personal statistics on the “My bergfex” page, informing me of new private messages or guestbook entries on my profile page and/or introducing me to services and products from companies with which bergfex works. I can unsubscribe from the newsletter at any time using the link provided in the respective newsletter or via my settings in my profile.9.3 I consent to bergfex using the data provided in my profile (e.g. age, gender and film taste) and my ski resort ratings to be able to offer me personalized services and content.9.4 If I have registered with bergfex via my Facebook account using the Facebook Connect application on the bergfex website and have consented to Facebook passing on my Facebook data to bergfex, I hereby consent to bergfex using my Facebook data for the purposes described in sections 9.2 to 9.3.