bergfex GmbH (hereinafter referred to as "bergfex" or "we") operates the websites www.bergfex.at (www.bergfex.com, www.bergfex.de, etc.) as well as 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:
1. Subject matter of the data protection provisions
2. Responsible body
bergfex GmbH, Neupauerweg 30a, 8052 Graz, Austria, is the controller within the meaning of the statutory data protection provisions. If you have any questions about data protection, please contact us at the same postal address or by e-mail at email@example.com.
3. Collection of personal data
3.1 Use of our website without registration
You can visit our website and use individual offers of bergfex services without having to register as a bergfex member.
3.2 Registering as a member
To be able to use all the functions of the bergfex services, you must register. To do this, we need a valid e-mail address from you as well as a user name and password, plus your first name and surname. You are free to choose your username and password. In particular, your user name does not have to correspond to your real name or parts of it. Your first name, surname, 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
3.4 Comments, ratings and other contributions
Your comments and ratings, together with your freely chosen user name, are visible to registered members of the bergfex services as well as to non-registered visitors to our website and, if applicable, to visitors to partner offers. Other people can therefore read your comments and ratings. If you do not want your real name to be associated with this content, you should therefore not combine your real name with your user name. In addition, we save your posts in discussion forums in the bergfex services with your user name. These posts are also visible to non-registered users of bergfex.
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 transmitted by your computer to bergfex and stored by us in so-called log files. We use the aforementioned log data in pseudonymised form to create user profiles for the purposes of needs-based advertising, market research and the design of bergfex services. We do not merge the usage 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 at any time for the future. To do so, please send a written message with your objection, stating your user name and the e-mail address stored on your profile page under "Settings", to firstname.lastname@example.org. We also store this log data for reasons of data security (i.e. to protect our systems and the data stored therein against unauthorised access), to detect and rectify errors in our systems and in cases where, based on certain facts, there is a suspicion that the bergfex services are being used under a member account in violation of the law or the contract, e.g. to commit criminal offences such as incitement to hatred (Section 130 of the German Criminal Code) or depiction of violence (Section 131 of the German Criminal Code).
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 activities on our website. In addition to our own processing activities, we rely on integrating third-party content into our website. We do this on the one hand for content/editorial reasons and on the other hand for economic reasons we use the opportunity to make our website available to third parties as an advertising space.
The following types of cookies are used on bergfex:
Functionality cookies, personalisation cookies, performance and web analysis cookies, adversarial/advertising/targeting cookies, re-targeting cookies and third-party cookies.
3.7 Web analysis services
3.8 Applications of third party service providers
If you are a member of facebook.com, we offer you the option of logging in to bergfex via your Facebook account using the Facebook "Facebook Connect" application integrated into our website and using our services. This registration alternative enables you to have certain of your personal data stored at facebook.com transferred from Facebook to bergfex. As part of this registration process, Facebook will inform you which of your data is to 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 described in sections 4.1 to 4.4 below as part of the bergfex services. In addition, we use it in anonymised form to compile 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.
3.9 Apple HealthKit
Only heart rate 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, is not passed on to third parties and is not used for marketing purposes.
HealthKit is an activity data processing service provided by Apple Inc. that is used to access or store activity data. Further information: Apple HealthKit
3.10 Duration of storage
3.11 Your rights in connection with personal data
4. Use of the data
4.1 Use of the 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.
4.3 Personalised services and content
4.4 Prosecution of unlawful and non-contractual acts; 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 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 criminal offences such as incitement to hatred (Section 130 StGB) or depiction of violence (Section 131 StGB), or in the event of a material breach of our General Terms and Conditions.
5. Protection of your member account
6. Right to information
As a bergfex member, you have the right to receive information about the type and scope of the data we have stored about you at any time in accordance with the applicable data protection laws. In your bergfex account (Settings / My data section) you can get an overview of the data we store about you at any time. If you do not have a bergfex account, please send us a message by e-mail to email@example.com and you will immediately receive information about where and what data we have stored about you.
7. Deletion of data
You can request the deletion of your account at any time by sending an e-mail to firstname.lastname@example.org request. We will then immediately delete your personal data, including your comments and your user name. 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 which we are legally obliged to retain, may be exempt from deletion. This data will be blocked by us. If you have a bergfex account, you can delete your entire account yourself at any time in the "Settings -> My data" section. There you will also get an overview of what data we have stored about you.
Furthermore, we will check your account after two years. If we have not detected any activity within this period, we will send you confirmation emails every two months. After three years without activity or confirmation, we will delete your account (with the exception of accounts with public tours).
8. Changes to these data protection provisions
9. Consent to the collection and use of data
9.2 I agree that bergfex informs me in newsletters by e-mail about new functionalities, offers and promotions at bergfex, sends me personal statistics on "My bergfex" page, points out new private messages or guestbook entries on my profile page and/or introduces me to services and products of companies with which bergfex cooperates. I can unsubscribe from the newsletter at any time via 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. also age, gender and taste in films) and my ski resort ratings in order to offer me personalised services and content.
9.4 Insofar as 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.