Skischool Software

Version effective from 10.6.2018

Data Controller

This Privacy Policy applies to services provided by TBM AG, with its registered seat at Inseliquai 8, 6002 Luzern, Switzerland, Registration CH-100.3.797.975-6, Switzerland (“TBM”, “We” or ”Us”) in connection with its com platform (“Platform”).

We reserve a right to change and update this Privacy Policy. Such amendment shall come into effect on the date of its publication on Our website.

We provide services to you on the basis of an individual User Agreement (“Agreement”). Our Platform serves as a database for ski schools and ski instructors. Apart from the storage services, Our services are used to create business opportunities, to connect and share information with others, and to facilitate bookings, reservations and other service of external providers.

In case you provide us with your personal data (e.g. for the purposes of performing your specific requests) in order to communicate with you or to Provide Services to You, we will become a controller of such personal data (“Personal Data”), this Privacy Policy applies.

Your Personal Data

Unless it is necessary for the performance of the Agreement or your specific requests, we shall take measures for you Personal Data not to be accessed by third parties. However, it may be necessary to disclose your Personal Data to third party service providers (see below) in specific cases.

We may require only Your identification data and contact information. You do not have to provide Us or upload into the Platform any other Personal Data. Therefore, please do not upload into the Platform any Personal Data, which you do not want to make available to Us or any of our contractors.

Personal Data of third parties

In case you upload to the Platform or you provide Us in any other manner with personal data of your clients or other third parties, We are not and We will not become in any case controller of such personal data, as We do not need, require or process any such data. Therefore, solely you are responsible for such personal data and for performance of the relevant obligations connected with processing of such personal data. In this regard, please note that as We may not know the origin of such data, We may treat such personal data in the same manner as your Personal Data according to this Privacy Policy.

Personal Data Processing

We may access, collect, store and structure your Personal Data entered into the Platform and make such Personal Data accessible to:

  • Our service providers and partners in order to honour your requests and specific needs in connection with the User Agreement (such as payments, ski booking provider in case of bookings, technical support provider in case of updates or technical issues, etc.) and in order to perform Our legitimate interests (see below), should such interests arise;
  • Our providers of technical solutions with regard to the storage of the Personal Data. In this regard, please note that the specific technical solution for storage of your Personal Data is provided by Adapt A/S, Langebrogade 6, 2, 1211 Kobenhavn, Denmark.

All the processing of your Personal Data will be performed by Us only on the basis of a valid legal basis, particularly (i) the necessity for the performance of the User contract and your relevant requests, (ii) your consent with this Privacy Policy, and/or (iii) the necessity to process the Personal Data due to Our legitimate interests, should such interests arise.

Our legitimate interests may include in particular: protection from security threats, investigation of fraud, compliance with legal regulation, defence of legal claims, corporate transactions requirements and improvement and update of the user experience, relevant IT solutions and security. We may also use your Personal Data (e.g. wage information, information on working time, etc.) for statistical purposes, in order to improve Our services provided to you and other users of the Platform. In such case, you will not be identifiable from the data processed for statistical purposes. You have a right to object to processing of your Personal Data on the basis of legitimate purposes or for statistical purposes.

Further to the above, We may use your identification information and contact details to exercise any of Our rights and duties arising out of the Agreement. In case it is necessary for performance of the Agreement and/or your specific requests, We may use your contact details and other Personal Data to verify your identity and/or to send you notifications directly related to the User Agreement or its performance (e.g. notifications on changes of invoicing, changes of password, bookings, system changes, verification request, etc.).

We do not require You to consent with this Privacy Policy and You are entitled to withdraw your consent with this Privacy Policy. Such withdrawal does not affect the duration of the Agreement. In case you withdraw your consent granted with this Privacy Policy, We will stop any Personal Data processing based on your consent. However, such withdrawal does not affect the Personal Data processing performed on the basis of another legal grounds.

Your Personal Data will be stored and accessible on the Platform, as long as We provide you with the Services, unless you delete the Personal Data. Upon the termination of the Agreement and your user account on the Platform, your Personal Data will be automatically deleted, unless we opt to keep your Personal Data to pursue our legitimate interest, in particular the right to defend against eventual claims of you or any third parties.

Other rights of the Data Subject

In case you do not want your Personal Data to be processed anymore, you want to limit such processing, or you want to change or correct your Personal Data, you have the following rights:

  • Right to erasure: You can ask Us to erase or delete all or some of your Personal Data (e.g., if it is no longer necessary to provide Our services to you). You can also ask us to close your account created on the Platform; performance of such right does not however affect the duration of the User agreement;
  • Right to rectify / change the Personal Data: You can change, add, or correct your Personal Data through your account in the Platform. You can also ask us to change, update or correct your Personal Data, particularly if such Personal Data are inaccurate or wrong;
  • Right to Limit or Restrict, the use of your Personal Data: You can request Us to stop using all or some of your Personal Data (e.g. if we have no legal right to keep using it) or to limit Our use of it (e.g. if your Personal Data is inaccurate or unlawfully kept);
  • Right to Access and/or Export Your Data: You can request Us to provide you with a copy of your Personal Data provided to Us and you can ask for a copy of your Personal Data provided to Us in a machine readable form.

In the case you believe that We process your Personal Data in violation of the relevant laws and regulations, you have a right to lodge a complaint with the relevant supervisory authority.

Contact information

You can file any of the requests, perform any of your rights mentioned in this Privacy Policy towards TBM, or request further information on the following email address: salesatskischoolssoftware [emailtecka] com (sales[at]skischoolssoftware[dot]com.)