Legal

Legal

Applicable from December 15, 2018

Welcome to the Ortler Sky Trails website. Below you will find our various policies, terms and conditions. By visiting our website and/or participating in our events, you are accepting and agreeing that you understand and will abide by our terms and policies.

General Terms & Conditions

ARTICLE 1: DEFINITIONS

1.1. For the purpose of these General Terms & Conditions the following definitions are used: 1. Event: Ortler Sky Trails including all distances or related event organized by or on behalf of Ortler Sky Trails in any year. 2. Participant: a natural person who has registered for participation in an Event in a manner permitted by the Organizer. 3. Agreement: the agreement relating to participation of the Participant in the Event. 4. Organizer: the legal entity (in this matter Ortler Sky Trails) with which a Participant has entered into an Agreement. 1.2. These General Terms & Conditions apply to all Agreements. The applicability of any general terms and conditions (whether or not named otherwise) applied by the Participant is expressly excluded.

ARTICLE 2: PARTICIPATION

2.1. A participant must have reached the minimum age of 18, unless otherwise determined by the Organizer. 2.2. A Participant can only participate in the Event if he has completed an appropriate registration fully and truthfully, if the entry fee has been paid before the date of the Event and if the Participant has agreed to the General Terms & Conditions and provided a medical certificate where needed. 2.3. Refunds of entry fees are not possible. 2.4. Under exceptional circumstances (such as for example force majeure) the Organizer can decide to cancel, postpone, reschedule or relocate the Event at short notice in compliance with Sulden Bergrettung. 2.5. The Organizer is not liable for any costs incurred by the Participant if the Event has to be cancelled, postponed, rescheduled or relocated.

ARTICLE 3: LIABILITY

3.1. Participation is at the Participant’s own risk. The Organizer is not liable and does not accept any liability for any damages, by whatever name or nature, suffered by a Participant as a result of the participation, unless the damage is a direct consequence of deliberate intent or gross negligence on the part of the Organizer. The Organizer is not liable and does not accept any liability for loss, theft or damage of Participant’s properties and/or any other form of damages of Participants and/or (other) third parties. This exclusion of liability also applies to serious damages such as all possible damages resulting from injury or death. 3.2. If, despite the stipulations in the first paragraph of this Article 3, the Organizer’s liability for damages suffered by a Participant must be accepted, the Organizer’s obligation to reimburse the damages in question at all times remains limited to the amount the Organizer’s insurance company, where appropriate, will pay in respect of the claim. 3.3. The Participant declares to have adequate insurance cover against any damages he or partner, family and/or friends and/or (a) surviving family member(s) may suffer as a result of his death, injury or illness, caused by or incurred during his participation in the Event. 3.4. The Participant declares that he is aware of the fact that participation requires good physical and mental health and declares that he meets this requirement and that he has adequately prepared for the Event through training and other means. The Organizer expressly and urgently advises and in the cases mentioned requires the Participant to undergo a medical examination in relation to participating in the Event. 3.5. The Participant indemnifies the Organizer against liability for damages suffered by third parties as a result of an act or omission relating to the Event that is attributable to a Participant. The Participant must have sufficient insurance to cover the risk of liability for such damages. Upon first request of the Organizer, the Participant shall provide the Organizer with a copy of their relevant insurance policy. 3.6. The Participant indemnifies the Organizer against liability for damages the Participant could suffer as a result of his participation in the Event, unless such damage is a direct result of deliberate intent or gross negligence attributable to the Organizer..

ARTICLE 4: PORTRAIT- AND IMAGE RIGHTS

The Participant grants the Organizer the irrevocable right to publish and multiply photographs, pictures and images and/or sound material and such, recorded during or around the time of the Event, in which the Participant is recognizable. This also includes the (re)use of pictures, images and sound recordings in (marketing) campaigns by or on behalf of third parties. All use as mentioned in this Article 4 is done free of charge.

ARTICLE 5: PERSONAL DATA

The Organizer will save personal data provided by the Participant in a database. By participating in an Event a Participant grants the Organizer permission to use the personal data to send information to the Participant and (provided the Participant has given permission for this on the registration form) to provide personal data to third parties for the purpose of sending information to the Participant. By entering into the Agreement the Participant grants the Organizer permission to publish his name and competition results, as well as the use of the images and sound recordings as mentioned above in Article 4, for instance by means of publication in newspapers and via the Internet. The Privacy Statement of the Organizer also applies to the use by or on behalf of the Organizer of personal data.

Privacy Statement

This Privacy Statement explains how Ortler Sky Trails handles the personal data of buyers of tickets and visitors to and/or participants in events organised by or on behalf of Ortler Sky Trails and users of its services. Ortler Sky Trails considers it important that the collection and processing of your personal data takes place in a careful and secure manner.

Buyers of a ticket to a Ortler Sky Trails event, visitors to a Ortler Sky Trails event and participants in an event organised by or on behalf of Ortler Sky Trails (including obstacle runs) and the users of Ortler Sky Trails services are referred to hereinafter in this Privacy Statement as “the user” or “you”.

Controller: Ortler Sky Trails

Ortler Sky Trails , with its registered office and principal place of business at Kanaalweg 22 in (3526 KM) Utrecht (Chamber of Commerce number: 54517680), hereinafter “Ortler Sky Trails”, is responsible for collecting and processing your personal data. Ortler Sky Trails is therefore the controller within the meaning of the General Data Protection Regulation (GDPR) and related implementing acts.

The manner in which Ortler Sky Trails collects data

Ortler Sky Trails can receive information from you as a user in the following ways:

Directly from you as the user for example when you send an e-mail containing a question or use our customer service, create a personal account on one of our Websites in relevant cases or if you participate in a possible competition or a giveaway organised by Ortler Sky Trails.

Ortler Sky Trails collects various data via our Websites – inter alia for the performance, improvement or registration of our services – inter alia by the use and deployment of cookies. Ortler Sky Trails can also receive your personal location details if you grant us your separate and express consent to do so. Incidentally, we are able and are allowed to process anonymous location details without consent as well.

Ortler Sky Trails also uses third-party services via third-party websites. These third parties act on the instructions of Ortler Sky Trails if this is the case. This privacy statement also applies to the data that are collected via the websites of these third parties if they act as processor on Ortler Sky Trails’s instructions. This includes the online sale of tickets to events organised by or on behalf of Ortler Sky Trails via the websites of our ticket partner(s) Your Ticket Provider. Our ticket partner(s) and other Ortler Sky Trails contractors may also collect data for their own purposes via their websites. Ortler Sky Trails is not responsible for the collection and processing of data that does not take place on the instructions of Ortler Sky Trails. You have to apply to the relevant third parties for this purpose. We refer you in this connection to the privacy policy and the conditions of the relevant websites and platforms.

At our events, Ortler Sky Trails can also process the data of visitors at the events it organises (in part), such as registering (by camera) all or parts of an event for commercial or security purposes. Visitors are always informed of such recording and processing when entering an event location and such data are not shared with third parties without consent insofar as it can be obtained within reason, unless Ortler Sky Trails is required by law to do so.

Data collected by Ortler Sky Trails

Ortler Sky Trails may process data of users, including personal data. The data Ortler Sky Trails may collect in respect of you as a user are:

  • contract and account details – this includes the name, address, telephone number, e-mail address, customer number, the number of tickets purchased and in relevant cases also the location and seat number(s) you have provided;
  • payment and invoicing details – when you purchase a ticket to one of our events for the purpose of financial handling and administration;
  • app and Website data – this includes the IP address, your unique device identifier, traffic and location data and what you have done on our website. For more information about the use of cookies, we would like to refer you to the Ortler Sky Trails cookie policy below in this Privacy Statement;
  • data you have placed publicly – this includes personal responses on our Websites, including blogs or ‘after’ pages, or messages you have placed on social media managed by us or on our behalf;
  • information about your personal preferences – this includes musical taste on the basis of selected favourite artists and/or tickets purchased previously;
  • special data – in case of you are disabled, we want to make sure that you are able to have the best possible experience at our events. We collect data concerning your needs in order to be able to meet your accessibility needs. This may include data regarding your mental and physical health, including use of special medication, which you provide to us when applying for a disabled parking space; and
  • data concerning minors – in the few cases in which we as Ortler Sky Trails collect the personal data of minors we always request consent from the parents and/or legal representatives and we will always collect and process such information exclusively for the purposes specified at the moment we collect these.

Reasons why Ortler Sky Trails uses data

Ortler Sky Trails may use the abovementioned data for the following purposes:

For the purpose of the performance of our agreement with you as user – Ortler Sky Trails uses your data when you conclude an agreement with us, for example to purchase a ticket or product, purchase a service, so that we:

  • are able to process the order;
  • are able to accept payment;
  • are able to provide you with customer service and after sales.
  • are able to verify you as a ticket holder and also to counter fraud on the basis of your ticket and to prevent tickets from being sold on the black market;
  • are able to identify you as ticket holder quickly in case of emergencies, partly in the interest of security;
  • are able to provide a personal photo and video service to you as ticket holder.

For our legitimate business interests – which includes:

  • conducting market research and analysis, in order to be able to improve our events and services;
  • for our marketing purposes, to provide you as user with information regarding special offers, products, services and our events, which are organised by or on behalf of Ortler Sky Trails. For example to send e-mails including information or alerts about the event for which you purchased a ticket or other, similar events organised by or on behalf of Ortler Sky Trails;
  • in order to send e-mails from customer service, such as reservation confirmations and event reminders and ticket sales for our events, both via Ortler Sky Trails and Your Ticket Provider;
  • in order to prevent or investigate unlawful behaviour, to protect or enforce our legal rights or in other cases permitted by law. We consider it very important for example that tickets come into the possession of loyal visitors and true fans. As such, we may also use your data to help prevent abuse of intellectual property rights (such as our brands, logos and/or partners), fraud or other crimes.

Your data as a user will not be used for any purpose other than the purposes referred to above. You can simply unsubscribe if you no longer wish to receive message from Ortler Sky Trails. More information in this regard can be found under the heading “Your choices and rights as a user” in this Privacy Statement.

What you consented to

By accepting the General Visitor Conditions and the Ortler Sky Trails Privacy Statement when purchasing a ticket to one of our events, you grant us consent to:

  • to contact you as a user with information or special offers relating to future, similar events organised by or on behalf of Ortler Sky Trails. This make take place by e-mail, push and web notifications, via text message or by social media. You can change these personal marketing preferences at any time, see the paragraph entitled “Your choices and rights as a user” below in this Privacy Statement;
  • to provide you as a user with services based on your location – such as via our Websites (and any apps) that allow you to see yourself on the map. We can use your location to send you push messages about what is happening in your area;
  • in order to deliver custom (targeted) advertising and marketing communication on our Website (see also our cookie policy for more information);
  • in order to process your health data in order to comply with your accessibility requirements – if you are disabled and/or use special medication and choose to share these data with us.

Ortler Sky Trails also shares data with third parties

  • within the group of Ortler Sky Trails affiliates companies that provide services on our behalf such as marketing, profiling, reporting and technical support;
  • our external service providers (also referred to as data processors), such as computing providers, who supply the IT infrastructure on which our products and systems are built (including Your Ticket Provider) and provide additional services at our request (such as photo marketing partners);
  • our co-promoters and event partners who organise or deliver specific services during our events (in accordance with their privacy statement and conditions);
  • third parties that deliver the products and services you have purchased (such as merchandise) so that they can process and carry out orders;
  • government authorities or other competent authorities if such is permitted or required by law.

Third-party websites

With the exception of the abovementioned third parties, this Privacy Statement does not apply to third-party websites and platforms, such as websites and apps from Ortler Sky Trails’ sponsors to which Ortler Sky Trails refers or social media buttons on our Websites that allow managers of these social media services to collect your personal data. Ortler Sky Trails is not responsible for the privacy policy and conditions of the third-party websites and/or platforms. Ortler Sky Trails recommends that you take note of the privacy policy and conditions of these third parties, as published on the relevant websites and/or platforms.

Your choices and rights as a user

As a user you can always request, adjust and alter or remove your data if necessary or have this done. This can be done in different ways:

  • you can adjust your account and preferences with our ticket partner(s) Your Ticket Provider yourself in relevant cases;
  • in relevant cases you can log into our Websites in order to change or remove your data for the newsletter, to change or remove favourite music/artists and to fully switch off personalisation after the event in which you have has ended;
  • in addition, you are offered the opportunity to unsubscribe from the mailing list at the bottom of every message you receive from or on behalf of Ortler Sky Trails, so that you will no longer receive information from Ortler Sky Trails;
  • you can also switch on or off whether you wish to share location settings or receive push notifications from or on behalf of Ortler Sky Trails via the settings of your device (such as your mobile phone);
  • for the purpose of managing your cookie preferences, we refer you to our Cookie Policy below in this Privacy Statement.

You have the right to object to the processing of your personal data by Ortler Sky Trails and to adjust the data you have provided. You also have the right to request a copy of the information we hold in respect of you. You can contact us at info@ortlerskytrails.it if you have further questions or if you wish to submit a request for inspection of your data.

Maintenance of your information

Ortler Sky Trails makes every effort to ensure that your information is secured properly. Only those persons who require access to user data pursuant to his or her position have access to such data. Ortler Sky Trails has implemented suitable technical measures that are updated regularly in order to ensure that the data are secured properly. But: the internet is never 100% secure. You should therefore ensure that you as a user also implement the necessary security measures yourself and never provide your password to another person and certainly not to unknown persons.

Ortler Sky Trails does not retain data longer than necessary in order to be able to provide the services you have requested. We will remove you data securely if they are no longer necessary for these purposes in accordance with our company policy.

In the event data are transferred outside Europe, there are strict rules to ensure that your data are still protected by a high level of security. If Ortler Sky Trails were to do so, we will ensure that the necessary security measures are implemented. We will use one of the mechanisms set out below if we transfer your data outside the European Economic Area. The standard contract provisions approved by the European Commission are:

  • EU-US Privacy shield
  • Binding company rules
  • Binding rules for company processors

Ortler Sky Trails cookie policy

Ortler Sky Trails may use cookies on its Websites. This cookie policy provides us with insight and an overview of the various cookies Ortler Sky Trails may use.

Functional cookies

Ortler Sky Trails uses functional cookies that are essential to the functionality of the Websites, such as cookies for registering whether consent for cookies was granted and to remember your preferred language.

Analytical cookies

Ortler Sky Trails uses analytical cookies, such as the cookies from Google Analytics, in order to be able to understand how the Websites are used, for the purpose of acquiring knowledge of the interests of visitors/users and to improve the Websites on a continuous basis and to make them user-friendlier. It is registered for example how long visitors/users remain on a certain page, how many clicks a page or artist receives, but also whether a certain link does not function properly.

In relevant cases Ortler Sky Trails has concluded a processing agreement with the relevant third parties concerning the using of digital measuring instruments (inter alia Google Analytics) with or without intervention by third parties. This agreement ensures among other things that the cookies placed by those third parties (inter alia Google Analytics) are set in most privacy-friendly way possible.

Advertising cookies

Cookies may also be used by or on behalf of Ortler Sky Trails to test the effectiveness of advertisements so that we can show the best and most relevant offers.

Ortler Sky Trails also uses advertising and retargeting cookies in order to align the advertisements on our Websites with your interests as much as possible. We attempt to obtain an image of your possible interests by means of the use of cookies on the basis of your visit to and use of our Website, without us creating a profile that can be traced back to you. We can show you relevant advertisements on the basis of these interests. If you do not consent to the use of advertising or retargeting cookies you will be shown other, possibly less relevant advertisements.

Social media cookies

Ortler Sky Trails may use social plug-ins in order to afford users the opportunity to share an event directly with friends via Facebook or Instagram. This plug-in is subject to the privacy policy and conditions of Facebook and Instagram, which you can find on their websites and/or platforms.

Setting preferences If you decide not to consent to the use of cookies or if you delete cookies, such may reduce the quality of the use of our Websites.

You can adjust your cookie preferences and remove cookies via your browser settings.

All information collected on our Websites by means of cookies is anonymised as much as possible.

Questions?

As a user you can contact us at info@ortlerskytrails.it if you require further information, if you have questions or if you wish to obtain a copy of the relevant information.

Changes to the Privacy Statement

Ortler Sky Trails expressly reserves the right to make changes to this Privacy Statement. Users are recommended to read the Ortler Sky Trails Privacy Statement on a regular basis to find out about any changes. In the event Ortler Sky Trails makes important changes to its Privacy Statement, we will inform you as a user thereof and in case of drastic, substantive changes we will ask for your consent (again) if necessary.