Data privacy declaration in compliance with Art. 13 and Art. 14 GDPR
The following information describes how your personally identifiable data is processed within Gardena Mountain Sports S.R.L.
I. Data Privacy Officer
Responsibility for the processing of your personally identifiable data according to data-privacy statutes is borne by
Gardena Mountain Sports S.R.L.
represented by Senoner Armin and Perathoner Marcel
Dursanstreet 98, 39047 S. Cristina Valgardena
hereinafter abbreviated to “Gardena Mountain Sports S.R.L.”.
Which of these four companies is responsible for processing your data according to the following guidelines is determined by which of the 30 Intersport Val Gardena shops you are a customer of in general, or by which of these you are a rental customer. At each of the Intersport Val Gardena-Shops, you will find detailed data privacy information including the name of the specific data privacy officer in question.
II. General Information about Data Processing
The data of our customers is fundamentally collected and processed insofar as this is necessary for the administration of our customer card system Intersport Val Gardena Card. Insofar as we send you advertising about our products and activities, we only process your data with your expressed prior consent.
Your personally identifiable data is deleted or blocked as soon as the purpose for its storage and processing has lapsed, insofar as there is no legal obligation to store such data for an extended period of time, nor do there exist any legal claims that might be asserted against us that require ongoing storage of pertinent data.
In particular, your personally identifiable data will be processed as follows:
III. Processing Procedures
A. Gardena Mountain Sports S.R.L. CUSOMERS IN GENERAL
1. DATA PROCESSING “CUSTOMER CARD SYSTEM”
1.1. Scope of processing of personally identifiable data
Gardena Mountain Sports S.R.L. stores and processes the following data: contact data provided by you in order to register for the Intersport Val Gardena Card, including first name, last name, gender, title, address, telephone number, birth date, email address and customer number, as well as shopping data collected for each purchase at a Gardena Mountain Sports S.R.L. Shop subject to provision of your customer number, including the frequency of purchases, types of products purchased, designation of the branches visited, average value per purchase, average number of products purchased, general types of products purchased.
1.2. Legal foundation for the processing of personally identifiable data
The legal foundation for processing of data as detailed under Point 1.1. is Art 6 par 1 lit b GDPR, i.e. processing pursuant to fulfillment of a contract.
Contact information is provided by you purely on a voluntary basis; however, if you do not provide this information, Gardena Mountain Sports S.R.L. will be unable to process your application for issuance of a customer card and will be unable to grant you the benefits of our customer card system.
1.3. Purpose of data processing
The personally identifiable data as detailed under Point 1.1 is processed by Gardena Mountain Sports S.R.L. for the purpose of meeting our contractual obligations pursuant to participation in the Intersport Val Gardena +Card, especially in order to determine bonus points and issue a bonus credit as well as to send a birthday credit.
1.4. Duration of data storage
Your personally identifiable data will be stored and processed for as long as you participate in the Intersport Val Gardena Card, and beyond that to the extent that legal claims pursuant to said participation may be asserted and subject to statutory retention requirements.
1.5. Joint responsibility for data privacy
Gardena Mountain Sports S.R.L. have jointly introduced the Intersport Val Gardena Card, the data for which they likewise process collaboratively.
Your personally identifiable data will never be transferred to third parties without your expressed permission.
2. DATA PROCESSING “MARKETING”
2.1. Scope of processing of personally identifiable data
Gardena Mountain Sports S.R.L. also uses your personally identifiable data, including first name, last name, gender, title, address, telephone number, date of birth, email address, customer number as well as purchase data (type of product purchased, designation of visited branches, average purchase value, average number of products purchased, general types of products purchased) for the purposes of direct marketing.
2.2. Legal foundation for the processing of personally identifiable data
Gardena Mountain Sports S.R.L. processes your data for marketing purposes in order to reach customers in the best way possible and adjust its marketing strategies accordingly, only subject to the permission you have expressed in the process of applying for the Intersport Val Gardena Card. The legal foundation for data processing in this instance is therefore Art 6 par 1 lit a GDPR.
2.3. Purpose of data processing
Your personally identifiable data is used in order to send offers, product catalogues and other advertising materials about our own products by means of email, SMS or the postal services. This only involves measures for the purposes of direct marketing, which is in our legitimate interest.
2.4. Duration of storage
Gardena Mountain Sports S.R.L. stores your data until termination of your participation in the Intersport Val Gardena Card, and beyond that for a period of up to 7 years subsequent to your final contact with Gardena Mountain Sports S.R.L., or earlier insofar as you revoke your consent to the use of your data.
2.5. Recipients of data
Gardena Mountain Sports S.R.L. operate the Intersport Val Gardena shops. This also means that they operate the Intersport Val Gardena Card collaboratively and process pertinent data jointly.
Personally identifiable data will not be shared with third parties without your expressed consent.
2.6. Revocation declaration
You may revoke your consent to the processing of data at any time and without justification with future effect, either by sending an email to info@val-gardena.ski or phoning +39 0471 790015.
3. DATA PROCESSING “NEEDS-ORIENTED MARKETING”
3.1. Scope of processing of personally identifiable data
Gardena Mountain Sports S.R.L. also uses first name, last name, gender, title, address, telephone number, date of birth, email address, customer number, as well as purchase data collected and processed pursuant to use of the Intersport Val Gardena Card at Gardena Mountain Sports S.R.L. shops (types of products purchased, designation of the visited branches, average purchase value, average number of items purchased, general types of products purchased), along with reaction data (data pertaining to your reaction to marketing campaigns and demand-related behaviors) and data purchased from third parties in order to develop and send advertising that is personalized and tailored to the needs of customers.
3.2. Legal foundation for the processing of personally identifiable data
The legal foundation for data processing in this instance is Art 6 par 1 lit a GDPR. That said, the processing of data for said purpose is subject to your consent as expressed when submitting your application for the Intersport Val Gardena Card.
3.3. Purpose of data processing
The personally identifiable data is used for analysis and interpretation for the purposes of personalized advertising. The data as described under Point 3.1. is evaluated and analyzed by means of diverse (explorative, descriptive and inductive) statistical methods, and through enhancement of personally identifiable data with aggregated sociodemographic data pertaining to customer groups, to which you belong according to your identifying data (e.g. gender, age, family status, size of household, education, career situation, etc.). By analysis we mean that, on the basis of compiled data and with the help of automated analysis models, we calculate probabilities by means of which we select appropriate recommendations and offers for you. Furthermore, we create customer profiles that are used by Gardena Mountain Sports S.R.L. in order to predict potential future customer demand and adjust sales strategies accordingly, especially with respect to adapting product selection to customer needs.
3.4. Duration of storage
Data is only stored and processed while you participate in the Intersport Val Gardena Card or until such time as you revoke your consent.
3.5. Recipients of data
Gardena Mountain Sports S.R.L. operate the Intersport Val Gardena shops. This also means that they operate the Intersport Val Gardena Card collaboratively and process pertinent data jointly.
Personally identifiable data will not be shared with third parties without your expressed consent.
3.6. Revocation declaration
You may revoke your consent to the processing of data at any time and without justification with future effect, either by sending an email to info@val-gardena.ski or phoning +39 0471 790015.
4. PARTICIPATION IN PRIZE CONTESTS
4.1. Scope of processing of personally identifiable data
Gardena Mountain Sports S.R.L. collects the following personally identifiable data about you pursuant to your declaration of participation in our prize contest: first and last names, gender, title, username on Facebook or Instagram, address, telephone number, email address, date of birth, name of guardian, acceptance of participation conditions, consent to publication, consent to receipt of advertising. The data which is actually essential to participation in the respective prize contest is designated as being required on the participation form and is collected directly from you. Provision of your data is on a voluntary basis. Insofar as you do not provide the required information, under certain circumstances you will be unable to participate in the prize contest or receive any potential prices. Furthermore, when you participate in a prize contest we will also collect the following data automatically: nature and type of the prize contest, Facebook or Instagram user ID (as appropriate), date of participation, content from the prize contest (e.g. answers to questions), type of prize. In addition, with respect to certain prize contests Gardena Mountain Sports S.R.L. may take and process photographs of the prize presentation as well as of consumption of the prize itself.
4.2. Legal foundation for the processing of personally identifiable data
The legal foundation for processing of your data under Point 2. is Art 6 par 1 lit b GDPR, insofar as it affects determination of the winner, notification of the winner as well as the sending of the prize itself, thereby allowing us to fulfill our obligations pursuant to your participation in the prize contest. Furthermore, we process the data pursuant to our legitimate interest in order to determine and document multiple consecutive winners as well as the respective prizes, as well as otherwise determine illegitimate means of participation in the prize contest. Information pertaining to your age and guardian is processed by us on the foundation of Art 6 par 1 lit f GDPR and therefore only legally required and necessary for documentation purposes in our legitimate interest, insofar as either participation in the contest requires the legal capacity of the participant or data privacy provisions make processing of data gathered from minors contingent upon the consent of a guardian. Only subject to your consent in accordance with Art 6 par 1 lit a GDPR will your data be published under certain circumstances as the winner (e.g. in the course of a prize contest on Facebook, Instagram or our Website) or otherwise made public (e.g. during live drawings). The taking and publication of photographs in the eventuality of a public award of the prize is based on our overriding legitimate interest in pictorial event reporting (Art 6 par 1 lit f GDPR in conjunction with § 12 par 2 line 4 Data Protection Act). Furthermore, photographs will only be taken and published subject to your consent (Art 6 par 1 lit a GDPR). The legal foundation for processing your data for marketing purposes is Art 6 par 1 lit a GDPR. Consequently, the processing of data for the aforementioned purposes only occurs pursuant to your consent provided on a voluntary basis by participating in the prize contest. In our usage of data for this purpose, we comply with stipulated telecommunications provisions, in particular § 107 TKG 2003.
4.3. Purpose of data processing
We process the data in order to organize and execute participation in the prize contest, to determine the winner and award prizes. Data processing is necessary in order to determine winners within the scope of participation conditions and to award prizes. Under certain circumstances, we may share your data with cooperating partners so that they may award the prize to the winner. We process the age of the contest participant and guardianship details if award of the prize requires a certain legal capacity, or if the participant’s data is to be processed by way of social media (e.g. contests on Facebook or Instagram, on our website or through our newsletter). Furthermore, we will announce the names of winners along with the prizes they have won on our website, also publishing their data for various publicity purposes (citation of name in the context of prize award, press mailings, social media), though only insofar as you have expressed your consent. If the prize is awarded publicly, in the course of the event we will take photographs for pictorial reporting purposes about said event and prize contest.
4.4. Duration of storage
For the purpose of fulfilling the contract, personally identifiable data will be stored and processed until conclusion of the prize contest in question and beyond, insofar as concrete legal claims may be asserted against us pertaining to the prize contest and to the extent that the data is subject to statutory retention requirements.
4.5. Recipients of data
As circumstances dictate, we will share data pertaining to a specific prize contest with cooperating partners, in order that they may award the prize. Any other use of your data by cooperating partners will occur only with your expressed consent.
5. DATA PROCESSING “ELECTRONIC BILLING”
5.1. Scope of processing personally identifiable data
We process your first and last names, email address, telephone number, address, insofar as you have provided these data to us whilst shopping. If you do not provide these data to us, we will be unable to bill you electronically.
Gardena Mountain Sports S.R.L. also stores and processes the following data for electronic billing purposes automatically: customer number (if available), billing data (date the bill was issued, date of the purchase, description and quantity of items, item price, total price).
5.2. Legal foundation for the processing of personal data
The legal foundation for the processing of data is Art 6 (1) (a), since you consent to processing by having provided your data voluntarily, and (b) GDPR, and consequently to processing required for the fulfillment of a contract, since you have made it known that you wish to receive the bill electronically.
5.3. Purpose of Data Processing
The personal data as cited under Pt. 1.1 are processed by Gardena Mountain Sports S.R.L. for the purposes of issuing an electronic bill and transmitting said bill via email. The contact data are necessary in order to assert claims against the customer insofar as the electronically delivered bill, which becomes due upon delivery, is not paid on time.
5.4. Data Recipients
WINTERSTEIGER AG, Dimmelstraße 9, A-4910 Ried im Innkreis, which has been hired as a technical IT service provider, may have access to customer data insofar as this is necessary in order to provide IT services (in particular, technical support, software updates etc.). A corresponding contractual data processing agreement has been entered into to that effect.
5.5. Duration of Storage
Due to legal requirements, personal data must be stored for a statutory period of 7 years subsequent to the end of the business year in which the purchase was made
6. DATA PROCESSING CLICK & RESERVE
6.1 Extent of processing of personal data
Gardena Mountain Sports S.R.L. stores and processes the following data of persons who order items online and reserve said items for pick-up from one of its branches: first and last names, telephone number, email address, the products which have been reserved, the selected branch as well as the status of the reservation.
Data are provided by you purely on a voluntary basis; if, however, you opt not to provide said data, Gardena Mountain Sports S.R.L. will not be able to appropriately process your request for reservation of an item, nor be able to reserve said item at the shop in question.
Furthermore, in the course of the ordering process we also collect your IP address and browser data pursuant to your having granted your consent thereto.
6.2 Legal foundation for the processing of personal data
The legal foundation for the processing of data as stipulated under Pt. 1.1. within the context of ordering and reserving goods at a Gardena Mountain Sports S.R.L. branch is Art. 6 (1) (b) GDPR and thus the processing pursuant to fulfilment of a contract.
6.3 Purpose of Data Processing
The personal data as addressed in Pt. 1.1. are processed by Gardena Mountain Sports S.R.L. for the purpose of reserving at a branch an item which has been ordered online on behalf of a customer, and for completion of the ordering process associated therewith.
6.4 Duration of Storage
The personal data will be stored until the item is picked up at the shop, after which said data will be deleted.
The log data which are automatically collected in the course of the ordering process will be deleted upon conclusion of the reservation.
6.5 Recipients of Data
In order to record the ordering process on our website and undertake the reservation, we utilize an IT service provider, specifically the online reservation system Shopgate GmbH headquartered in Butzbach/Germany which, on our behalf and consistent with our instructions, also has access to personal data so as to provide contracted IT services. A corresponding agreement for the processing of data under contract has been entered into consistent with Art. 28 GDPR. All of the reservation data entered by you are transmitted in encrypted form. Furthermore, Shopgate takes all other necessary measures, both organizational as well as technical, in order to protect your data.
Pursuant to provision of various technical services (such as webhosting) for which access to personal data cannot be excluded, Shopgate might also avail itself of services provided by the following:
- Amazon Web Services, Inc. (Ireland); subject to acceptance of standard data privacy provisions per Art. 46 (2) (c) GDPR. | Ireland | Hosting
- Zendesk Inc. (California, USA); subject to acceptance of standard data privacy provisions per Art. 46 (2) (c) GDPR. | EU & USA | Customer support
- Google LLC (California, USA); subject to acceptance of standard data privacy provisions per Art. 46 (2) (c) GDPR. | EU (Belgium) | Hosting, email, tracking
- Hetzner Online GmbH (Germany) | Germany | Hosting
- Elastic N.V. (Netherlands & California, USA); subject to acceptance of standard data privacy provisions per Art. 46 (2) (c) GDPR. | EU (Ireland & Belgium) | Monitoring / Error analytics
- Sentry – Functional Inc. (California, USA); subject to acceptance of standard data privacy provisions per Art. 46 (2) (c) GDPR. | USA | Monitoring / Error analytics
- Slack (California, USA); subject to acceptance of standard data privacy provisions per Art. 46 (2) (c) GDPR. | USA | Internal communication
- Atlassian Plc. (Sydney, Australia); subject to acceptance of standard data privacy provisions per Art. 46 (2) (c) GDPR. | EU (Germany) | Project management
Transmission of personal data to other third parties for purposes of their own will not occur without your expressed consent.
B. Gardena Mountain Sports S.R.L. SPORTING EQUIPMENT RENTAL CUSTOMERS
1.DATA PROCESSING “EASY RENT” RENTAL SERVICE
1.1. Scope of processing personally identifiable data
Gardena Mountain Sports S.R.L. stores and processes the following personal data in order to enter into a rental agreement for sporting equipment: customer number, first name, last name, address, postal code, town/city and country of origin, which you provide to us in order to request rental sporting equipment by means of the online mask on the Gardena Mountain Sports S.R.L. website or in person at one of our places of business. Provision of such data by you is on a voluntary basis; however, if you do not provide this data, Gardena Mountain Sports S.R.L. will not be able to process your rental request nor rent you any equipment. You may also voluntarily provide us with your date of birth and email address. If you do not do this, we will be unable to send you any advertising by email or send you a birthday message (refer to Point 3.). Furthermore, if you enter into a rental agreement at one of our places of business, we will also collect information pertaining to the type of rental equipment (skis, bicycle) as well as other data about the rented sporting equipment, including description of the item, quantity, EAN code as well as the rental price and any rebates granted. In the course of our rental procedures at our places of business, we also collect information about date of birth and, in the event of ski rentals, data including height, weight, shoe size, sole length and skier type (skill level), data which we require in order to adjust ski bindings correctly. If you are renting the sporting equipment for another person, you will have to provide us with the first and last names of that person as well as your relationship to that person. Provision of said data is required in order to enter into a rental agreement. If you do not provide us with this data, we will be unable to rent you any skis. In the eventuality that you indicate your interest in renting sporting equipment at your hotel or a travel agency, with your consent the hotel or travel agency will provide us with your first and last names, your designation as a hotel guest/travel agency customer, along with your interest in renting out skis/bicycles. In this instance, in addition to the information provided by the hotel/travel agency, we will also process a designation of the hotel or travel agency as well as the name of any tour guide who also happens to be involved. If you have decided to reserve rental equipment together with other persons, your data will be provided to us either directly by you or by another person you have selected as the point of contact.
1.2. Legal foundation for the processing of your personally identifiable data
The legal foundation for the processing of your data under Point 1.1. is, within the context of your rental agreement and use of the sporting equipment, Art 6 par 1 lit b GDPR, the processing thereof being necessary in fulfillment of the contract. The data pertaining to the hotel/travel agency is processed on the basis of our legitimate interest in accordance with Art 6 par 1 lit f GDPR, in order to fulfill the agreement with the travel agency and/or hotel pursuant to rental of sporting equipment. Insofar as you are renting out sporting equipment for another person or we have received your data from a point of contact, we process your data in order to fulfill the contract in accordance with Art 6 par 1 lit b GDPR and on the basis of our legitimate interest per Art 6 par 1 lit f GDPR, pursuant to your having disclosed your relationship to this person or the aforementioned point of contact having declared to us that they are providing your data on your behalf and with your consent. The legal foundation for the processing of your email address and date of birth is Art 6 par 1 lit f GDPR, i.e. our legitimate interest in sending out mailings for direct marketing purposes, until such point as you may object to the receipt thereof.
1.3. Purpose of data processing
The personal data as cited under Point 1.1 is utilized by Gardena Mountain Sports S.R.L. for the purposes of processing and fulfilling a rental agreement for sporting equipment. Independent of the use of the sporting equipment, we process specific data about the rental customer, that is to say the person who enters into a contract with us, as detailed in Point 1.1. in order to meet our contractual obligations pertaining to the rental of sporting equipment appropriately, and furthermore, in order to advertise our own products and activities in accordance with our own interests (reference Point 3.). In order to fulfill the rental agreement, further information is required with respect to the concrete use of the sporting equipment. We process the user’s date of birth so as to determine the correct release setting for bindings based on age group, as well as with respect to the lift ticket should you choose to purchase one from us at the same time, since prices may vary according to age category. The user’s physical statistics are used by us to ensure that ski bindings are adjusted correctly, something which the rental agreement obligates us to do. The scope of data collected conforms with ISO 11088 (mounting, adjustment and inspection of skis – bindings – boots for alpine skiing) and ISO 13993 (ski rental procedures – sampling and inspection of complete and non-complete functional elements of alpine skis – bindings – boots) together with all established adjustment guidelines pertaining to special binding-boot combinations that must always be inspected whenever a new combination is created.
1.4. Duration of storage
Your personally identifiable data will be stored and processed by us for the duration of our business relationship with you as a rental customer, and beyond that for as long as any legal claims pertaining to the rental may be asserted, and/or insofar as statutory retention requirements demand us to do so.
1.5. Data recipients
In order to keep a record of rental agreements and process our rental services, we utilize contracted IT service providers who have access to personally identifiable data subject to our instructions, in order that they may provide the IT services for which they have been contracted. In the event of loss or theft of sporting equipment, we will provide data associated with the rental agreement, though not the customer’s physical statistics, to the police, the prosecutor’s office and/or courts in order to investigate and determine the course of events as well as establish the perpetrator. Furthermore, we will submit a report to the insurance company, providing them with data pertinent to the rental agreement. As soon as it no longer needs to be stored for the purpose of providing rental services, data about country of origin, the hotel or travel agency, along with the description of the rented sporting equipment will be anonymized and processed for statistical evaluation and analysis purposes in accordance with Point 6. Transmission of personally identifiable data to other third parties for their own purposes, including to the hotel or travel agency that was the original source of your data, will not happen without your consent.
2. DATA PROCESSING “ANALYSIS FOR PURPOSES OF PRODUCT DEVELOPMENT AND QUALITY MANAGEMENT WITHIN THE CONTEXT OF RENTAL SERVICES“
2.1. Scope of processing of personally identifiable data
Gardena Mountain Sports S.R.L. anonymizes the country of origin, designation of the hotel or travel agency, as well as the description of the rental sporting equipment for analytical purposes in order to generate valuable information to drive corporate policy and product development/improvement.
2.2. Legal foundation for the processing of personally identifiable data
The legal foundation for processing of data that is legitimately collected and processed in accordance with Point 5., to the extent that it is anonymized, is Art 6 par 1 lit f GDPR. This will in no way adversely affect the protected interests of the customer.
2.3. Purpose of data processing
The personally identifiable data as addressed under Point 2.1. is used anonymously for analytical and interpretive purposes focused on product development and quality management within the scope of our rental services. The non-person-specific results generated by analysis are used to evaluate customer structure as well as compile data about customer interests and customer behaviors. This in turn generates information that may determine corporate and sales strategy, and that may indicate future customer demands, allowing us to adapt and improve products and services, as well as develop other concepts to reach customers and satisfy their needs better. The results of such analytical procedures are not traceable to any single specific person.
2.4. Duration of data storage
The data is anonymized and, as a consequence, storage thereof is not subject to any time restrictions.
3. DATA PROCESSING “MARKETING OF RENTAL SERVICES”
3.1. Scope of processing of personally identifiable data
Pursuant to your rental of sporting equipment, Gardena Mountain Sports S.R.L. utilizes the personally identifiable data you provided (see Point 1.1.), namely first name, last name, address and country, for purposes of direct advertising, sending you general information about Gardena Mountain Sports S.R.L.’ own activities and products. Within the framework of your contractual relationship with Gardena Mountain Sports S.R.L. and in order to provide direction to, and support for our marketing and sales activities, the following data is generated or collected by us from our advertising communications with you: customer number, utilized advertising activities (advertising campaigns, correspondence); support data (such as advertising materials that have been sent out), customer behaviors in response to Gardena Mountain Sports S.R.L. advertising campaigns.
3.2. Legal foundation for the processing of personally identifiable data
Direct advertising conducted utilizing this personally identifiable data is a legitimate interest of Gardena Mountain Sports S.R.L., enabling best-possible customer outreach and facilitating development of our marketing strategies. Consequently, the legal foundation for the processing of such data is our legitimate interest in accordance with Art 6 par 1 lit f GDPR.
3.3. Purpose of data processing
Your personally identifiable data is used in order to send out offers and other general advertising materials about our services or activities, these being restricted to direct-advertising measures focused on our rental services. Within this context, the individual advertising messages themselves will not be personalized. Should you decide to revoke your consent to use of your data for the aforementioned purposes, all such measures will cease immediately and your data will be deleted.
3.4. Duration of data storage
Gardena Mountain Sports S.R.L. stores your data for up to 12 months pursuant to conclusion of your business relationship with Gardena Mountain Sports S.R.L. for the purpose of sending you direct advertising, insofar as you do not revoke your consent thereto at an earlier date.
3.5. Data recipients
Your personally identifiable data will not be shared with third parties without your prior consent.
3.6. Revocation option
You may revoke your consent to the processing of data for the purposes of direct advertising at any time (refer to Point 4.5.).
4. DATA PROCESSING “MAILINGS”
4.1. Scope of processing of personally identifiable data
Gardena Mountain Sports S.R.L. utilizes the following information provided pursuant to rental of sporting equipment: name and email address – for the purposes of sending email advertising about activities and products from Gardena Mountain Sports S.R.L. including bonus vouchers. If you do not provide your data to us, we are unable to send you any e-mailings or bonus vouchers. In other words, such advertising can only be sent to your email address if you provided it to us at the time you registered as a customer for our rental services and did not block email advertising at that time. Within the framework of your contractual relationship with Gardena Mountain Sports S.R.L. and in order to optimize the personal impact of advertising, calculate your bonus credit as well as provide direction and support to our sales and marketing activities, we collect the following data derived from your rental behaviors: your prior product demand as our customer or information you have personally supplied to Gardena Mountain Sports S.R.L.; prior advertising activities (advertising campaigns, correspondence); support data (such as advertising materials you have been sent), rental behaviors (frequency, type and volume); response behaviors of customers to Gardena Mountain Sports S.R.L. advertising campaigns. Date of birth is provided on a voluntary basis. If you provided it to us, we will use it in order to send you a birthday email. Furthermore, insofar as you do not revoke your consent to receipt of email advertising, we will keep track of when this occurs.
4.2. Legal foundation for the processing of personally identifiable data
The processing of this data is necessary in order to be able to send you various advertising information including emails pertaining to our rental services, which you will receive pursuant to your having shared your email address with us. The legal foundation for this is our legitimate interest consistent with Art 6 par 1 lit f GDPR. With respect to processing of your date of birth, your consent shall serve as the legal foundation according to Art 6 par 1 lit a GDPR, which you have implicitly expressed to us by providing your date of birth, which is otherwise not required information. We use your data, with specific reference to your email address, for the purposes of sending e-mailings insofar as you did not object to receipt of such mailings at the time you registered as a customer for our rental services.
4.3. Purpose of data processing
Your personally identifiable data is used in order to send out offers and other general advertising materials about our services or activities in the form of E-mailings, these being restricted to direct-advertising measures focused on our rental services. We will send you by email:
IV. RIGHTS OF THE PERSON IN QUESTION
1. Right to information
With respect to Gardena Mountain Sports S.R.L., you have the right to receive information about all data pertaining to your person that is being processed by Gardena Mountain Sports S.R.L.. In particular, you can demand that Gardena Mountain Sports S.R.L. provide you with the following information:
V. GENERAL
1. NEWSLETTER
On our website, you can subscribe to a newsletter. If you subscribe to the newsletter, we collect and store the data you have entered in the form provided (e.g. salutation, first and last names, email address, town/city, postal code, country, etc.). This information will not be shared with third parties. Subscription to the newsletter is only possible with your consent. The legal foundation for the processing of your data in this instance is Art 6 par 1 lit a GDPR. We use your data solely in order to send you the newsletter. You have the right to revoke your consent at any time, either in writing or by clicking on the unsubscribe link. This shall in no way affect the legality of our having processed your data until such point as your consent has been revoked. Likewise, you may revoke your consent to the use of your personally identifiable data for direct advertising purposes. In the eventuality you do so, your personally identifiable data will no longer be processed for the purposes of direct advertising. You have the right to information, correction, deletion, restriction of processing as well as transferability of your personally identifiable data, along with the right to lodge a complaint with the competent Italian oversight authority.
In order to send out newsletters, we use technologies provided by Sendinblue. The operators of Sendinblue process personally identifiable user data exclusively by means of systems physically located in Germany. Their contact information is as follows:
Mailchimp – The Rocket Science Group, LLC – 675 Ponce de Leon Ave NE – Suite 5000 – Atlanta, GA 30308 USA
2. FACEBOOK PIXELS
In order to measure conversions, our website utilizes visitor-behavior pixels from Facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). This permits the tracking of behaviors by site visitors subsequent to having been redirected to the webpage of the provider by clicking on a Facebook advertisement. This makes it possible to evaluate the effectiveness of Facebook advertising for statistical and market research purposes, and allows us to optimize advertising strategies in future. For us as operators of this website, the data collected remains anonymous and we are unable to draw any conclusions about the identity of the user. However, the data is stored and processed by Facebook, enabling them to establish a link to the Facebook user profile in question so that they can use the data for their own advertising purposes in accordance with Facebook data usage guidelines. In turn, this enables Facebook to display advertising both on their own pages as well as pages outside of Facebook itself. Such usage of data cannot be influenced by us as a website operator. In Facebook’s own data privacy policy, you will find further details about how your personal privacy is protected : https://www.facebook.com/about/privacy/.
Furthermore, you can deactivate the remarketing funktion “Custom Audiences” by changing your advertising settings under https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen deaktivieren. In order to do so, you must be logged into Facebook. If you do not have a Facebook account, you can deactivate usage-based advertising from Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.
3. INTEGRATION OF YOUTUBE VIDEOS
We have integrated YouTube videos into our online offer that are stored at http://www.YouTube.com and can be played directly from our website. By visiting our website, YouTube receives information that you have visited a particular sub-page of our website. Furthermore, your log files will be transmitted. This occurs regardless of whether you are logged into a YouTube user account, or you have a user account at all. If you are logged into Google, your data will be associated with your account directly. If you do not wish to have your visit associated with your YouTube profile, you must log out before activating the button. YouTube stores your data as a usage profile, using it for the purposes of advertising, market research and/or needs-based design of their website. Such data analysis is utilized in particular (even for users who are not logged in) in order to provide needs-based advertising and inform other users of the social network about your activities on our website. You have the right to object to the creation of such user profiles, which you must address directly to YouTube itself. Further information about the purposes and scope of data collection and the processing thereof by you may be found in Google’s own data privacy policy. There you will find information about your rights and settings options in order to further protect your privacy: https://www.google.de/intl/de/policies/privacy.
Google also processes your personally identifiable data in the USA and is a signatory to the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework. Further information about Google:
Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA
4. GOOGLE MAPS
This website uses the product Google Maps from Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). By using this website, you declare your consent to the collection, processing as well as usage of automatically collected data by Google, their representatives as well as third parties. Google Maps conditions of use may be found at https://www.google.com/intl/de_de/help/terms_maps.html.
VI. COOKIES
We, Gardena Mountain Sports S.R.L. Gesellschaft m.b.H. (headquartered in Italy), use cookies on our website. Some of them are technologically necessary and cannot be opted out from. Other cookies, which on the one hand, increase the comfort of interacting with the website and on the other hand, analyze usage data for improving website and services as well as personalizing content for you, are only activated with your explicit consent. Same is valid for cookies, which are set by external media and services and afterwards provided for third parties.
Techn. necessary cookies
Unconditionally necessary cookies are already set automatically, if you are visiting our website for the first time. These cookies are necessary for being able to interact with a website and use the provided features properly. Without these cookies, essential functions of the website cannot be provided, like for example that activities, which are performed during the website visit (e.g. text input in a web form), are saved, even if navigating through different pages within the website.
Comfort cookies
Functional cookies enable the website to store already stated information (e.g. language selection) and offer the user improved as well as more personalized features. Functional cookies are for instance used for enabling demanded functions like playing videos. These cookies remain stored, even after the specific internet session (permanent cookies) and are available for improving your usage of the website.
Analysis & statistics cookies
Performance cookies collect information of the usage manners of a website – for example which subpages are visited most frequently or if the user receives error messages on the specific pages. These cookies store no information, which enable an identification of the user. The gathered information is aggregated and therefore, evaluated in an anonymized way. The cookies are solely used for improving the performance and as a consequence, also the user experience of the website.
- Google Analytics
Purpose: Error analysis, statistical evaluation of the website usage.
Data processing: Collection of connection and browser data as well as data regarding visited content; implementation of analysis software and storage of data on the device, anonymization of the gathered data; analysis of the anonymized data in form of statistics; placement of a recognizable marker
Legal basis: Voluntary consent, which can be withdrawn from at any time
Consequences of non-acceptance: No immediate impact on the functions of the website; limited possibilities for development and error analysis as well as limited possibility for personalized ads based on interests
Storage: Storage on the device for up to one year.
Mutual authority responsible: Google LLC., Amphitheatre Parkway, Mountain View, CA 94043, USA - Facebook Tracking Pixel
Purpose Statistical evaluation of the website usage in connection with advertisement measures by Facebook
Data processing Collection of connection and browser data as well as data regarding visited content; implementation of analysis software and storage of data on the device, anonymisation of the gathered data; analysis of the anonymized data in form of statistics; placement of a recognizable marker
Legal basis Voluntary consent, which can be withdrawn from at any time
Consequences of non-acceptance No immediate impact on the functions of the website; no possibilities for personalized ads based on interests
Storage Storage on the device for up to three months.
Mutual authority responsible Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94034, USA
Marketing Cookies
Cookies for marketing purposes are used for displaying ads, which are specifically relevant and adapted to the interests of the user. Additionally, theses cookies are used for capping the frequency of an ad and measuring the effectiveness of an ad campaign. They register, if the website was visited or not. This information may be shared with third parties, like for example advertisers. Cookies with the aim of improving the addressing of the target group as well as advertising are often linked with the page functionalities of third parties.
- Google Ads
Purpose Marketing, analysis and conversion tracking.
Data processing Collection of connection and browser data as well as data regarding visited content; implementation of analysis software and storage of data on the device, anonymization of the gathered data; analysis of the anonymized data in form of statistics; placement of a recognizable marker.
Legal basis The following is the required legal basis for the processing of data: Art. 6 para. 1 p. 1 lit. a DSGVO
Consequences of non-acceptance No immediate impact on the functions of the website; limited possibilities for development and error analysis as well as limited possibility for personalized ads based on interests.
Storage 2 years
Mutual authority responsible Google LLC., Amphitheatre Parkway, Mountain View, CA 94043, USA
External services / media
This website is using services from external media, which are blocked by default. When activating these services, data is forwarded to the specific provider. You can look up the extent to which your data is processed in the data protection regulations on the websites of these media.
- Google Maps
Purpose Statistical analysis of the website usage in connection to the usage of maps
Data processing Collection of connection and browser data as well as data regarding visited content; implementation of analysis software and storage of data on the device, anonymisation of the gathered data; analysis of the anonymized data in form of statistics; placement of a recognizable marker
Legal basis Voluntary consent, which can be withdrawn from at any time
Consequences of non-acceptance No immediate impact on the functions of the website; no possibility for location-based (route) reckonings, site location or automated address input.
Storage Storage on the device for up to one year.
Mutual authority responsible Google LLC., Amphitheatre Parkway, Mountain View, CA 94043, USA - Youtube
Purpose Statistical analysis of the website usage in connection to the usage of YouTube
Data processing Collection of connection and browser data as well as data regarding visited content; implementation of analysis software and storage of data on the device, anonymisation of the gathered data; analysis of the anonymized data in form of statistics; placement of a recognizable marker
Legal basis Voluntary consent, which can be withdrawn from at any time
Consequences of non-acceptance No immediate impact on the functions of the website; no possibility of playing embedded videos from YouTube directly on the website
Storage Storage on the device for up to 179 days.
Mutual authority responsible YouTube LLC., 901 Cherry Ave., 94066 San Bruno, CA, USA - Vimeo
Purpose Statistical analysis of the website usage in connection to the usage of Vimeo
Data processing Collection of connection and browser data as well as data regarding visited content; implementation of analysis software and storage of data on the device, anonymisation of the gathered data; analysis of the anonymized data in form of statistics; placement of a recognizable marker
Legal basis Voluntary consent, which can be withdrawn from at any time
Consequences of non-acceptance No immediate impact on the functions of the website; no possibility of playing embedded videos from Vimeo directly on the website
Storage Storage on the device for up to two years.
Mutual authority responsible Vimeo LLC., 555 West 18th Street, New York, New York 10011, USA - Instagram
Purpose Statistical analysis of the website usage in connection to the usage of Instagram
Data processing Collection of information in regard to the website usage; anonymisation of the gathered data; analysis of the anonymized data in form of statistics; placement of a recognizable marker
Legal basis Voluntary consent, which can be withdrawn from at any time
Consequences of non-acceptance No immediate impact on the functions of the website; no possibility of displaying the embedded Instagram posts on the website
Storage Storage on the device for up to ten years.
Mutual authority responsible Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA
II. Rights of the Affected Person
1.1. Right to Information
With respect to Gardena Mountain Sports S.R.L., you have the right to information about all data pertaining to your person which have been processed by Gardena Mountain Sports S.R.L.. In particular, you may demand from Gardena Mountain Sports S.R.L. the following information:
(1) the purposes for which your personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients and/or categories of recipients to whom your personal data have been or will be disclosed;
(4) the planned storage duration of your personal data or, if concrete information pertaining to this is unavailable, those criteria which will determine the duration of storage.
(5) the existence of your right to the correction or deletion of your personal data, your right to restrict processing thereof by the data controller and the right to revoke your consent to the processing of said data;
(6) the existence of your right to submit a complaint to the oversight authorities;
(7) all available information about the origin of data, if said data were not collected directly from the person in question;
(8) the existence of automated decision-making including profiling as laid out in Art 22 par 1 and 4 GDPR and – and at a minimum under these circumstances – clear information about the logic involved as well as the breadth and desired effects of such processing for the affected person.
You have the right to information about whether or not your personal data are transferred to a third-party country or an international organization. Within this context, you have the right to demand you be informed of such forms of data transmission consistent with Art 46 GDPR.
1.2. Right to Rectification and the Right to Restriction of Processing
You may demand the correction or supplementation of incorrect or incomplete data. Under certain circumstances, for example if the accuracy of data is subject to dispute, until such time as the correctness has been checked, restriction of the processing of the data in question to the extent that this may only occur with your expressed consent, or until your legal rights have been asserted, exercised or defended, or in order to protect the rights of other natural or legal persons, or for reasons vital to the public interest.
1.3. Right to Data Portability
You may demand that Gardena Mountain Sports S.R.L. provide you – or insofar as technically feasible, a third-party named by you – a copy of the data which have been gathered from you, in a clearly structured, current and machine-readable format. Furthermore, you have the right to transfer said data to another responsible entity without being impeded by the data controller to whom the personal data had originally been entrusted, insofar as
(1) the processing in question was subject to your consent in accordance with Art 6 par 1 lit a GDPR or Art 9 par 2 lit a GDPR or an agreement consistent with Art 6 par 1 lit b GDPR, and
(2) the processing thereof is conducted with the aid of automated processes.
In exercising this right, you furthermore have the right to have the personal data pertaining to you transmitted by Gardena Mountain Sports S.R.L. to another responsible entity insofar as this is technically feasible. In this regard, the freedoms and rights of other persons may not be prejudiced.
1.4. Right to Deletion
You have the right to deletion of your data under certain circumstances, such as if said data are not processed in accordance with data privacy statutes.
The so-called “right to be forgotten” shall have no application since Gardena Mountain Sports S.R.L. will, under no circumstances, make your personal data public.
If you have asserted your right to correction, deletion or restriction of processing with respect to Gardena Mountain Sports S.R.L., we are obliged to inform all recipients to whom your data had been disclosed, about the aforementioned correction, deletion or restriction of processing, other than if this proves impossible or is associated with a disproportionate degree of time, effort or expense.
1.5. Right to Object
You have the right, due to reasons resulting from your own personal circumstances, to object at any time to the processing of your personal data subject to Art 6 par 1 lit e or f GDPR; this also applies to any profiling which has occurred as addressed in these statutes. In such circumstances, Gardena Mountain Sports S.R.L. will no longer process the data in question, insofar as we are unable to provide evidence of compelling reasons worthy of protection to do so, reasons which outweigh your interests, rights or freedoms, or if the processing of said data serves the assertion, exercise or defense of legal claims.
1.6. Right to Revoke Privacy Consent
You have the right to revoke your consent to the data privacy policy at any time. Your revocation of consent will in no way affect the legality of our data processing activities prior to such time as your consent was revoked.