Data protection information

The following information describes how we process your personal data within Pesko Sport Ltd. (hereinafter: Pesko).

Depending on the processing of personal data, in addition to the applicable Swiss law (Federal Act on Data Protection (FADP) of June 19, 1992, SR 235. 1), European data protection law (Regulation (EU) 2016/679 (General Data Protection Regulation)) and other national laws of European countries may also or exclusively apply; namely, in particular, within the scope of this data protection information regarding the offering of goods and services by data subjects in the EU and the monitoring of the behavior of data subjects residing in the EU (Art. 3 para. 2 lit. a and b GDPR).

This data protection information does not cover linked websites of other providers or websites from which links are provided to our websites and the processing of personal data of our employees.

The scope of this data protection information includes:

• Data processing for marketing purposes;
• The sports equipment rental;
• The use of our website.

The Controller for the processing of your personal data in accordance with the provisions of data protection law is

Pesko Sport Ltd.
Voa Principala 56
7078 Lenzerheide / GR
Switzerland
info@pesko.ch

Insofar as we send you advertising about our products and activities, we will only process your data with your prior consent.

Your personal data will be deleted or blocked as soon as the purpose of storage and processing ceases to apply, provided that no legal obligation can be cited for longer storage, or legal claims still exist that can be asserted against us and require storage.

In detail, the following processing of personal data exists:

1. DATA PROCESSING “MARKETING“

1.1. Scope of the processing of personal data
Pesko uses your personal data, namely first name, last name, gender, title, address, telephone number, date of birth, e-mail address, customer number, as well as the purchase data (type of product purchased, name of stores visited, average value per purchase, average number of products purchased, average type of products purchased) also for direct marketing purposes.

1.2. Legal basis for the processing of personal data
Pesko processes your data for marketing purposes, in order to reach customers in the best possible way and to align its marketing strategies accordingly, only with your prior consent. The legal basis for processing is therefore Art. 13 para. 1 FADP or Art. 6 para. 1 lit. a GDPR.

1.3. Purpose of data processing
Your personal data will be used to send by e-mail, SMS or postal mail offers, product catalogs and other promotional material on our own products or activities, which are only measures of direct advertising.

1.4. Duration of storage
Pesko will retain your information for up to 7 years after your last contact with Pesko, or sooner if you object to the use of your information.

1.5. Data recipient
Personal data will not be transferred to third parties without your consent.

1.6. Declaration of revocation
You can withdraw your consent to the processing of this data at any time without reason with effect for the future, either by e-mail info@pesko.ch or by calling +41 81 385 10 10.

2. DATA PROCESSING "NEED-BASED MARKETING".

2.1. Scope of the processing of personal data
Pesko also uses first name, last name, gender, title, address, telephone number, date of birth, email address, customer number, and response data (which is data about your reaction to promotions and demand patterns), as well as data purchased from third parties, to create and send personalized advertising tailored to the customer's needs.

2.2. Legal basis for the processing of personal data
The legal basis for processing is Art. 13 (1) FADP or Art. 6 (1) lit. a GDPR. The processing of data for this purpose therefore only takes place with your express consent.

2.3. Purpose of data processing
The personal data is used for analysis and interpretation for the purpose of personalized advertising. The data described in section 2.1. are evaluated and analyzed by means of various (explorative, descriptive and inductive) statistical methods and by enriching the personal data with aggregated socio-demographic data concerning customer groups to which you belong according to your identification data (e.g. gender, age, marital status, household size, education, professional situation, etc.). By analyze, we mean that on the basis of the data compiled in this way and with the help of automated analysis models, probabilities are calculated with which suitable recommendations and offers are selected for you. Furthermore, customer profiles are created, which are used by Pesko to make statements about the possible future demand behavior of customers and to align the sales strategy accordingly, and in particular to adapt the product range to customer needs.

2.4. Duration of storage
The data will only be stored and processed as long as you have not revoked your consent.

2.5. Data recipient
Personal data will not be transferred to third parties without your consent.

2.6. Declaration of revocation
You can revoke your consent to the processing of this data at any time without reason with effect for the future, either by e-mail to info@pesko.ch or by calling +41 81 385 10 10.

3. PARTICIPATION IN RAFFLES

3.1. Scope of the processing of personal data
Pesko collects the following personal data about you in the course of the declaration to participate in a sweepstakes: first name and surname, gender, title, user name on Facebook or Instagram, address, telephone number, e-mail address, date of birth, name of legal guardian, acceptance of the conditions of participation, consent to publication, consent to receive advertising.

The data actually required for participation in the respective sweepstakes are marked as mandatory fields in the entry form and are obtained directly from you. The provision of your data is voluntary, but if you do not fill in these mandatory fields, we may not be able to enable your participation in the competition or the award of any prize.

In addition, we automatically collect the following data in the course of participation in a competition: Type and name of the sweepstakes, Facebook or Instagram user ID (in the event), date of participation, content from the sweepstakes (e.g. answer to questions), type of prize.

Furthermore, for individual sweepstakes promotions, photographs are taken and processed by Pesko when the prize is handed over or in the course of consuming the prize.

3.2. Legal basis for the processing of personal data
The legal basis for the processing of the data under point 3.1. is Art. 13 para. 2 lit. a FADP or Art. 6 para. 1 lit. b GDPR, as far as it concerns the determination of the prize, notification of the winners and sending of the prize, and therefore the processing for the fulfillment of our obligations arising from your participation in the sweepstake.

In addition, we process the data in our legitimate interest to determine and document multiple winners in series together with the respective prizes and otherwise to determine unfair means when participating in the sweepstakes.

We process the information about your age and a legal guardian on the basis of Art. 13 (1) FADP or Art. 6 (1) lit. f GDPR and therefore only to the extent required by law and for documentation in our legitimate interest, insofar as either the participation in the sweepstakes itself requires the legal capacity of the participant or data protection regulations bind the processing of data of minors to the consent of the legal guardian. 

Only on the basis of your express consent pursuant to Art. 6 (1) lit. a GDPR, your data as a winner may be published (e.g. in the case of a sweepstakes via Facebook, Instagram or our website) or otherwise made public (e.g. mentioned in the case of live draws).

The taking and publication of photographs in the event of a public presentation of the prize is based on our overriding legitimate interest in pictorial event coverage (Art. 13 (1) FADP or Art. 6 (1) lit. f GDPR). Furthermore, photographs will only be taken and published with your consent (Art. 13 (1) FADP or Art. 6 (1) lit. a GDPR).

The legal basis for the processing of your data for marketing purposes is Art. 13 para. 1 FADP or Art. 6 para. 1 lit. a GDPR. The processing of data for this purpose therefore only takes place with your consent, which you can declare voluntarily in the course of participating in the competition. 

3.3. Purpose of data processing
We process the data to process and organize participation in the competition, to determine the winner and to hand out the prizes. The processing of the data is necessary so that, in compliance with the conditions of participation, the winner can be determined from all participants and the prize can be handed over. We may also pass on your data to cooperation partners so that they can hand over the prize to the winner. We process the age of the contest participant and the details of the legal guardian if either the handing over of the prize requires a certain legal capacity or if the participant's data is processed by way of information society service (e.g. Facebook or Instagram sweepstakes, sweepstakes on the website or newsletter mailing).

In addition, we announce the names of the winners together with the prize received on our website and otherwise process your data for actions for the purpose of public relations (naming in the case of prize handover, press release, social media) only insofar as you have given your consent to this.  

In the event of a public presentation of the prize, we will use the photographs taken in the course of this to illustrate our reporting on this event and the competition.

3.4. Duration of storage
The personal data will be stored and processed for the purpose of fulfilling the contract and therefore until the conclusion of the competition and beyond, insofar as concrete claims against us from a competition are imminent, and finally to the extent that statutory retention periods exist.

3.5. Data recipient
We will pass on your data to any cooperation partners for a specific competition in the event that this is necessary, so that they can hand over the prize to you. Any other use of your data by them will only take place with your consent.

3.6. Declaration of revocation
You can revoke your consent to the processing of this data at any time without reason with effect for the future, either by e-mail to info@pesko.ch or by calling +41 81 385 10 10.

1. DATA PROCESSING "EASY RENT RENTAL SERVICE"

1.1. Scope of the processing of personal data
Pesko stores and processes the following data of the person with whom the rental contract for the sports equipment exists: customer number, first name, last name, address, postal code, city and country of origin, which you provide to us in the course of the request for rental of a sports equipment via the online mask on the website of Pesko or in a business location. Your provision of this information is voluntary; however, if you do not provide this information, Pesko will not be able to process your equipment rental request appropriately and will not be able to rent equipment to you.

You can also voluntarily provide us with your date of birth and e-mail address. If you do not do this, we will not be able to send you any advertising by e-mail and also no birthday mailing (see point 3.).

In addition, in case of conclusion of a rental contract in the store, we collect the type of rental sports equipment (skis, bike), and other information about the rented sports equipment, namely item description, quantity, EAN code, as well as the price for the rental and discounts granted.

In the further course of the rental process in the store, we process the date of birth of the user of the rental sports equipment and in the case of rental of skis we also collect from the user the height, body weight, shoe size, sole length and rider type (riding ability), which data we need for the correct adjustment of the ski binding. If you borrow the sports equipment for another person, the first and last name of this person as well as your relationship to this person must be disclosed. The provision of this data is necessary for the conclusion of the rental contract. If you do not provide us with this data, we will not be able to lend you skis.

In the event that you have made known your interest in renting sports equipment to your hotel or travel agency, we will be informed by this hotel or travel agency, with your consent, of your first and last name, your status as a hotel guest/travel agency customer, and your interest in ski/bike rental. We therefore process in this case, in addition to the data provided by the hotel / travel agency, the name of the hotel or travel agency, and the name of any tour guide.

For the purpose of processing payments with electronic means of payment on the booking platform or on site, we additionally process the following personal data (payment data): the selected payment method, identification data of the payment method (e.g. card number), payment office, payment amount incl. currency, name and first name.

If you have decided together with other persons to reserve rental equipment, their data will be provided to us either directly by you or by a person selected by you as a contact person.

The easy rent rental service is operated on-premise (server-based) using the Bründl Sport Service Platform (BSSP) software from Sport Bründl Gesellschaft m.b.H., Nikolaus-Gassner-Straße 4, 5710 Kaprun, Austria. The BSSP platform is hosted by Sport Bründl Gesellschaft m.b.H. The data is stored in the data centers of conova communications GmbH, in Salzburg, Austria.

1.2. Legal basis for the processing of personal data
The legal basis for the processing of the data under point 1.1. in connection with the rental contract and the use of the sports equipment is Art. 13 para. 2 lit. a FADP or Art. 6 para. 1 lit. b GDPR and therefore the processing for the performance of a contract.    

We process the data regarding the hotel/travel agency on the basis of our legitimate interest according to Art. 13 para. 1 FADP or Art. 6 para. 1 lit. f GDPR, in order to be able to fulfill the contract with the travel agency and/or hotel in connection with the borrowing of sports equipment accordingly.     

Insofar as you borrow sports equipment for another person or we have received your data via a contact person, we process your data to fulfill the contract in accordance with Art. 13 Para. 2 lit. a FADP or Art. 6 Para. 1 lit. b GDPR and on the basis of our legitimate interest in accordance with Art. 13 Para. 1 FADP or Art. 6 Para. 1 lit. f GDPR, after you have disclosed your relationship with this person to us or this contact person has declared to us to disclose their data on their behalf and with their consent.
The legal basis for processing the e-mail address and date of birth is Art. 13 (1) FADP or Art. 6 (1) lit. a GDPR, and therefore their explicit consent to send mailings for direct marketing purposes.

1.3. Purpose of data processing
The personal data listed under point 1.1 are processed by Pesko for the purpose of fulfilling and processing the rental contract for a piece of sports equipment. Regarding the rental customer, and therefore the person who concludes the contract with us, we process certain data mentioned in point 1.1. independently of the use of the sports equipment, in order to properly process the respective contractual obligations arising from the rental of a sports equipment, and also in order to advertise our own products and activities in our interest (cf. point 3.).  

For the fulfillment of the rental contract, further information regarding the specific use of the sports equipment is also necessary. We process the user's date of birth in order to determine the age group for the trigger value of the binding setting, and also if you purchase a lift ticket through us at the same time, because different prices apply for certain age groups.

The user's body data is used by us for the proper adjustment of the ski binding, which we are obliged to do on the basis of the rental contract with you. The scope of the data collected results from ISO-Standard 11110 together with the adjustment guidelines issued for this purpose, which applies to the composition of special binding-shoe combinations, which must always be tested when a new combination is formed.

1.4. Duration of storage
The personal data will be stored during the business relationship with you as a lending customer and beyond that, as long as legal claims from the rental can be asserted and/or as long as legal retention periods exist, stored and processed.

1.5. Data recipient
For the recording of rental orders and processing of the rental service, we use the rental software BSSP from Sport Bründl Gesellschaft m.b.H., which, according to our order and instructions, also have access to personal data in order to provide the commissioned IT services. 

To enable or process electronic payment transactions, we work together with SIX Payment Services AG, Hardturmstrasse 201, 8005 Zurich (Switzerland). The payment data is transmitted to this company. They process the payment data on our behalf and according to our instructions.

In case of loss or theft of the sports equipment, we will pass on the data related to the rental contract, but not the bodily data, to the police, the public prosecutor's office and/or courts for the purpose of investigating and clarifying the facts as well as finding out who the perpetrator is. We also make a report to the insurance company and pass on the data on the rental contract required for this purpose.  

The data country of origin, name of the hotel or travel agency, and the description of the rented sports equipment will be anonymized as soon as they no longer need to be kept for the purposes of the rental service, and processed for the purposes of statistical evaluation and analysis according to point 6.

A transfer of personal data to other third parties for their own purposes, not even to the hotel or travel agency, which serve us as a source of your data, will not take place without your consent.

2. DATA PROCESSING "ANALYSIS FOR PRODUCT DEVELOPMENT AND QUALITY MANAGEMENT PURPOSES IN CONNECTION WITH THE RENTAL SERVICE".

2.1. Scope of the processing of personal data
Pesko uses country of origin, name of hotel or travel agency, and description of rented sports equipment anonymously for purposes of analysis to generate information for company direction and product development/improvement.

2.2. Legal basis for the processing of personal data
The legal basis for the processing of the data, which are permissibly collected in accordance with the processing in point 1. in such a way that they are anonymized, is Art. 13 Par. 1 FADP or Art. 6 Par. 1 lit. f GDPR. Protected interests of the customers are not affected by this.

2.3. Purpose of data processing
The personal data mentioned under point 2.1. are used anonymously for analysis and interpretation for the area of product development and quality management in the rental service. The non-personal results obtained from the analysis are used to create evaluations of the customer structure, as well as to survey the interests of customers and customer behavior. This data is used to generate information that is used to align the company and sales strategy accordingly, or to survey the possible future demand behavior of customers, and to adapt and improve products and services, as well as to otherwise develop concepts to better reach customers and satisfy their needs. We do not establish a personal reference with these evaluation results.

2.4. Duration of storage
The data are anonymized and are therefore kept without any time limit.

3. DATA PROCESSING "MARKETING RENTAL SERVICE”

3.1. Scope of the processing of personal data
Pesko uses your personal data (see point 1.1.), namely first name, last name, address, and country, provided on the occasion of the rental of sports equipment for the purpose of direct advertising, namely to send you general information about Pesko's own activities and products.     

In the context of the contractual relationship with Pesko, in order to manage and support our marketing and sales activities, the following data will be generated or collected by us from promotional communications with you: Customer number, promotional activities undertaken (promotional campaigns, correspondence); support data (such as promotional material sent), response behavior of the customer to Pesko's promotional activities.

3.2. Leal basis for the processing of personal data
The legal basis for data processing is your express consent pursuant to Art. 13 para. 1 FADP or Art. 6 para. 1 lit. a GDPR.

3.3. Purpose of data processing
Your personal data will be used for sending offers, and other general promotional materials about our services or activities, which will only be measures of direct advertising in the area of our rental service. Individual promotional mailings will not be personalized in this respect.

As soon as you object to the use of your data for this purpose, all measures will be discontinued and your data deleted.

3.4. Duration of storage
Pesko will store your data for up to 12 months after your last business transaction with Pesko for the purpose of sending you direct advertising, unless you object to the use of your data beforehand.

3.5. Data recipient
Personal data will not be transferred to third parties without your consent.

3.6. Declaration of revocation
You can revoke your consent to the processing of this data at any time without reason with effect for the future, either by e-mail to info@pesko.ch or by calling +41 81 385 10 10.

4. DATA PROCESSING "MAILINGS“

4.1. Scope of the processing of personal data
Pesko uses the following data communicated on the occasion of the rental of a sports equipment: Name and email address, for purposes of sending promotional emails about Pesko activities and products, including bonus credits.

If you do not provide us with your information, we will not be able to send you e-mailings or issue you bonus credits. Therefore, we will only send such advertising to your e-mail address if you provided it to us as a customer when you registered for the rental service and did not opt out of receiving advertising by e-mail at the same time.

Within the framework of the contractual relationship with Pesko, we collect the following data from your rental behavior in order to optimize the personal advertising approach, to calculate the bonus credit and to control and support sales and marketing activities: Customer demand interests based on previous demand behavior or the customer's own statements to Pesko; advertising activities undertaken (advertising campaigns, correspondence); customer care data (such as advertising material sent), lending behavior (frequency, type and volume); customer response behavior to Pesko advertising campaigns. 

Disclosure of your date of birth is voluntary. If you provide it, we will use it to send you a birthday mailing. 

In addition, if you have objected to receiving advertising by e-mail, we will collect information about you as to when this was done.

We use Sendinblue technology to send advertising e-mails.
The operators of Sendinblue process personal usage data exclusively on systems located in Germany.

The contact details are:
Sendinblue GmbH, Köpenicker Str. 126, 10179 Berlin,
Phone: +49 30 311 99 510, support@sendinblue.com, de.sendinblue.com.
For more information, please visit: https://de.sendinblue.com/legal/privacypolicy/

4.2. Legal basis for the processing of personal data
The processing of this data is necessary in order to be able to send you certain promotional mailings as e-mailings in connection with the rental service, which you receive because you have provided us with your e-mail address. The legal basis for the data processing is Art. 13 para. 1 FADP or Art. 6 para. 1 lit. a GDPR, and therefore your explicit consent. 

4.3. Purpose of data processing
Your personal data will be used to send offers and other promotional materials about our services or activities as e-mailings, which are only measures of direct advertising in the field of our rental service. We will send you by e-mail:

• advertising about Pesko products and promotions related to the rental service,
• a mailing on the occasion of your birthday with a birthday surprise, and
• a bonus credit of 5% or 8% for two or more reservations in a year.

We therefore use the number of bookings you make in a year to calculate whether and how much bonus credit you are entitled to, which we will send you by e-mail.

We process your data on your previous rental behavior in order to determine your demand interests and to send you personalized advertising based on this demand. However, we do not use data from other sources for this purpose, nor do we create extensive and long-term profiles about our customers. In particular, we do not use automated selection procedures, behavioral predictions or analyses that lead to additional insights to determine your interests. 

Insofar as you have also provided us with your date of birth, we use this to congratulate you on your birthday with a surprise by e-mail. 

As soon as you have revoked your consent to the use of your data for this purpose, all measures will be discontinued and your data deleted for further mailings.

4.4. Duration of storage
Pesko will store your data for up to 12 months after your last business transaction with Pesko for the purpose of sending you direct marketing, unless you object to receiving e-mailings beforehand.

4.5. Data recipient
We use the marketing service provider Sendinblue to send out the e-mailings (see 4.1.), who only use your data on our behalf as a processor, insofar as this is necessary for the fulfillment of the order. 
Further transmission of personal data to third parties will not take place without your consent.

4.6. Declaration of revocation
You can revoke your consent to the processing of this data at any time without reason with effect for the future, either by e-mail to info@pesko.ch or by calling +41 81 385 10 10.

1. Right to information
You have the right to request information from Pesko about all data concerning you that is processed by Pesko. Specifically, you can request information from Pesko about the following information:

1. the purposes for which the personal data are processed;
2. the categories of personal data which are processed;
3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
4. the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
5. the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the Controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. any available information on the origin of the data, if the personal data are not collected from the data subject;
8. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

2. Right to rectification and right to restriction of processing
You may request that inaccurate or incomplete data be corrected or completed. You may, in certain circumstances, for example, if the accuracy of data is in dispute until the accuracy has been verified, request restriction of the processing of data to the effect that it may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person, or for reasons of important public interest.

3. Right to data portability
You may request that Pesko sends you - or, if technically feasible, a third party designated by you - a copy of the data you have provided in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance by the controller to whom the personal data was provided, provided that.

1. the processing is based on consent pursuant to Art. 13 para. 1 FADP or Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 13 para. 2 lit. a or Art. 6 para. 1 lit. b GDPR, and
2. the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from Pesko to another Controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

4. Right to deletion
You have the right to have data deleted in certain circumstances, such as when it is not processed in accordance with data protection requirements.

The so-called "right to be forgotten" does not apply to you because Pesko will not make your personal data public under any circumstances.

If you have asserted the right to rectification, erasure or restriction of processing against Pesko, we are obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

5. Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 13 para. 1 of the FADP or Article 6 para. 1 lit. e or lit. f of the GDPR; this also applies to profiling based on these provisions. In this case, Pesko will no longer process the personal data concerning you, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the assertion, exercise or defense of legal claims.

6. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

You can send the revocation by e-mail to info@pesko.ch or explain via a call to +41 81 385 10 10.

7. Supervisory authority
You have the right to lodge a complaint with the national supervisory authority of your place of residence if unlawful processing of personal data is assumed. 

In Switzerland, the Federal Public Information and Data Protection Commissioner (FDPIC), Feldeggweg 1, 3003 Bern, is responsible.

1. ACCESS TO OUR WEBSITE

1.1. Scope of the processing of personal data
When you call up our website, information is automatically sent to our website server via your browser. This information is temporarily stored in a so-called log file until it is automatically deleted. The following information is collected without your intervention and stored until automatic deletion: Browser type and browser version, operating system used, referrer URL, accessed pages and files, host name of the accessing computer, time of the server request and the IP address.

1.2. Legal basis for the processing of personal data
The legal basis for data processing is Art. 13 para. 1 FADP or Art. 6 para. 1 p. 1 lit. f GDPR and thus our legitimate interest. This data is collected and evaluated for statistical purposes and to improve the quality of the website. Under no circumstances do we use the collected data to draw conclusions about your person or to create user profiles with the help of this data.

1.3. Purpose of data processing
We use this information to ensure a smooth connection of the website, to guarantee a comfortable use of our website, to evaluate the system security and stability and for statistical purposes.

1.4. Duration of storage
After your session expires, the session cookies are deleted after 2 weeks at the latest.

2. NEWSLETTER

On our website you can subscribe to a newsletter. 

If you subscribe to the newsletter, we collect and store the data you enter in the input mask (e.g. title, first and last name, e-mail address, city, postal code, country, etc.). 

Your data will not be passed on to third parties. 

Subscription to the newsletter is only possible with your consent. Legal basis for the processing Art. 13 para. 1 FADP or Art. 6 para. 1 lit. a GDPR. 

We use the data exclusively for sending newsletters.

You have the right to revoke your consent at any time by written notice or by clicking on the unsubscribe link, without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.

Likewise, you can object in the same way to the use of your personal data for the purpose of direct marketing. In the event of an objection, your personal data will no longer be processed for the purpose of direct advertising.

You have the right to information, correction, deletion, restriction of processing and transferability of your personal data, as well as the right to lodge a complaint with your supervisory authority.

For sending newsletters, we use technologies from Sendinblue.
The operators of Sendinblue thereby process personal usage data exclusively on systems located in Germany.

The contact details are:
Sendinblue GmbH, Köpenicker Str. 126, 10179 Berlin,
Phone: +49 30 311 99 510, support@sendinblue.com, de.sendinblue.com.
For more information, please visit: https://de.sendinblue.com/legal/privacypolicy/ 

If you revoke your consent, you will no longer receive newsletters from us and your personal data will be deleted.

3. FACEBOOK PIXEL

Our website uses the visitor action pixel from Facebook, Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook") for conversion measurement.

This makes it possible to track the behavior of site visitors after they have been redirected to the provider's website by clicking on a Facebook ad. This allows the effectiveness of the Facebook ads to be evaluated for statistical and market research purposes and future advertising measures to be optimized.

The collected data is anonymous for us as the operator of this website, we cannot draw any conclusions about the identity of the users. However, the data is stored and processed by Facebook, so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes, according to the Facebook data usage policy. This allows Facebook to enable the placement of advertisements on Facebook pages as well as outside of Facebook. This use of the data cannot be influenced by us as the site operator.

You can find more information about protecting your privacy in Facebook's privacy policy: https://www.facebook.com/about/privacy/. 

Note: Your data about the use of our website is transferred to Facebook servers in the USA and processed there. The USA are so-called unsafe third countries. Your data is therefore not subject to a level of data protection in the USA comparable to that in Switzerland or the EU.

Facebook relies on standard contractual clauses approved by the EU Commission for the transfer as a guarantee of a level of data protection comparable to the EU. Switzerland recognizes the approvals of standard clauses by the EU. 

If you consent to processing by Facebook, you therefore consent at the same time to your data being transferred to the USA in accordance with Art. 17 new FADP or Art. 49 para. 1 lit. a GDPR.

You can also disable the Custom Audiences remarketing feature in the Ad Settings section at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. To do this, 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/.

We refer to the explanations on analysis & statistics cookies under point VI.

4. YOUTUBE VIDEO INTEGRATION

4.1. Scope of the processing of personal data
We have integrated YouTube videos into our online offer, which are stored on http://www.YouTube.com and can be played directly from our website.

By visiting the website, YouTube receives the information that you have accessed the corresponding subpage of our website. In addition, log files are transmitted. This occurs regardless of whether YouTube provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be directly assigned to your account. If you do not want the assignment with your profile at YouTube, you must log out before activating the button. YouTube stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right.

For more information on the purpose and scope of data collection and its processing by YouTube, please refer to Google's privacy policy. There you will also find further information on your rights and setting options to protect your privacy: https://www.google.de/intl/de/policies/privacy

4.2. Legal basis for the processing of personal data
The data processing is carried out with your explicit consent according to Art. 13 para. 1 FADP or Art. 6 para. 1 p. 1 lit. a GDPR, which you have given via the cookie banner.

Note: The information generated by the cookies about the use of our website is transferred to Google servers in the USA and processed there. The USA are so-called unsafe third countries. Your data is therefore not subject to a level of data protection in the USA comparable to that in Switzerland or the EU.

Google relies on standard contractual clauses approved by the EU Commission for the transfer as a guarantee of a level of data protection comparable with the EU. Switzerland recognizes the approvals of standard clauses by the EU.

If you consent to processing by Google, you therefore consent at the same time to your data being transferred to the USA in accordance with Art. 17 new FADP or Art. 49 para. 1 lit. a GDPR.

4.3. Purpose of data processing
The purpose of this data processing is the simplified presentation of videos on our website and the direct playability of videos. 

4.4. Duration of storage

4.5. Contractual Agreement: We have no influence on how long Google stores your data. Google's terms and conditions for the processing of order data ensure an appropriate level of data protection. They are available at: https://privacy.google.com/intl/de/businesses/processorterms/. 

We refer to the explanations on analysis & statistics cookies under point VI.

5. IFRAME FROM GOOGLE MAPS 

We use an iFrame from Google maps from Google Inc., 1600 Amphi-theatre Parkway, Mountain View, CA 94043, USA. This means that functions from Google maps are integrated on our website. An iFrame serves to structure our website and is used to place other web content on our website.

By clicking on the iFrame, the user is redirected to the provider's website. Clicking on the Google Maps iFrame will take you to the Google maps websites. We have no influence on the processing of personal data on the websites of Google Inc.

For more information regarding the data collected, please refer to the privacy policy of Google Inc. at https://policies.google.com/privacy?hl=en-US.

Note: Your data on the use of our website will be transferred to Google servers in the USA and processed there. The USA represent so-called insecure.

Note: Your data about the use of our website will be transferred to Google servers in the USA and processed there. The USA are so-called unsafe third countries. Your data is therefore not subject to a level of data protection in the USA comparable to that in Switzerland or the EU.

If you consent to processing by Google, you therefore consent at the same time to your data being transferred to the USA in accordance with Art. 17 new FADP or Art. 49 para. 1 lit. a GDPR.

The data processing in connection with plugins and iFrames are carried out on the basis of our legitimate interests pursuant to Art. 13 para. 1 FADP or Art. 6 para. 1 p. 1 lit. f GDPR. They prevail because otherwise we would not be able to provide an interactive map on our website.

Pesko use cookies on our website. Some of them are technically necessary and cannot be refused. Other cookies that increase the comfort of using this website, analyze usage to improve the website and services for you, as well as personalize content for you, as well as those cookies set by external media and services and shared with third parties, are activated only with your consent. Cookie settings can be managed in the Cookie Settings menu at www.pesko.ch. 

Technically necessary cookies
Essential cookies are automatically set when you visit our website for the first time and are required for you to navigate a website and use its features. Without these cookies, essential website functionalities cannot be guaranteed, for example, that actions performed during a visit (e.g. text input in a web form) are preserved, even when navigating between individual pages of the website.

Comfort cookies
Functional cookies enable a website to store information that has already been entered (such as language selection) and to offer the user improved, more personalized functions. Functional cookies are used, for example, to enable requested functions such as playing videos. Such cookies remain stored after the Internet session (persistent cookies) and are available when you return to the website to improve your use of the website.

Analysis & Statistics Cookies
Performance cookies collect information about how a website is used - for example, which pages a visitor visits most often and whether they receive error messages from a page. These cookies do not store any information that allows the user to be identified. The information collected is aggregated and thus analyzed anonymously. These cookies are used exclusively to improve the performance of a website and thus the user experience.

• Google Analytics

Purpose: Error analysis, statistical evaluation of website usage.
Data processing procedure: Collection of connection data, browser data and data on the content accessed; execution of analysis software and storage of data on the end device, anonymization of the data collected; evaluation of the anonymous data in the form of statistics; setting of a recognizable marker;
Legal basis: Voluntary consent, revocable at any time, pursuant to Art. 13 para.1 FADP or Art. 6 (1) p. 1 lit. a GDPR;

Note: The information generated by the cookies about the use of our website is transferred to Google servers in the USA and processed there. The USA are so-called unsafe third countries. Your data is therefore not subject to a level of data protection in the USA comparable to that in Switzerland or the EU.

Google relies on standard contractual clauses approved by the EU Commission for the transfer as a guarantee of a level of data protection comparable to the EU. Switzerland recognizes the approvals of standard clauses by the EU.

If you consent to processing by Google, you therefore consent at the same time to your data being transferred to the USA in accordance with Art. 17 new FADP or Art. 49 para. 1 lit. a GDPR.

Consequences of non-consent: No immediate effect on the function of the website; Limited possibilities for further development and error analysis and limited possibility of personalized advertising based on interests.
Storage: storage on the end device for up to 1 year.
Joint controller: Google LLC, Amphitheatre Parkway, Mountain View, CA 94043, USA.
Contractual agreement: Google's order data processing conditions grant an adequate level of data protection. They are available at: https://privacy.google.com/intl/de/businesses/processorterms/

• Facebook Tracking Pixel 

Purpose: Statistical evaluation of website usage in connection with advertising measures by Facebook.
Data processing procedure: Collection of connection data, browser data and data on the content accessed; execution of analysis software and storage of data on the end device, anonymization of the data collected; evaluation of the anonymous data in the form of statistics; setting of a recognizable marker.
Legal basis: Voluntary consent, which can be revoked at any time, pursuant to Art. 13 para. 1 FADP or Art. 6 para. 1 p. 1 lit. a GDPR; 

Note: The information generated by the cookies about the use of our website is transmitted to Facebook servers in the USA and processed there. The USA are so-called unsafe third countries. Your data is therefore not subject to a level of data protection in the USA comparable to that in Switzerland or the EU. 

Facebook relies on standard contractual clauses approved by the EU Commission for the transfer as a guarantee of a level of data protection comparable to the EU. Switzerland recognizes the approvals of standard clauses by the EU.

If you consent to processing by Facebook, you therefore consent at the same time to your data being transferred to the USA in accordance with Art. 17 new FADP or Art. 49 para. 1 lit. a GDPR.

Consequences of non-consent: No immediate effect on the function of the website; No possibilities of personalized advertising based on interests.
Storage: Storage on the end device for up to 3 months.
Joint Controller: Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA.
Contractual agreement: Facebook's order data processing conditions grant an appropriate level of data protection. They are available at: https://www.facebook.com/legal/terms/dataprocessing

Marketing Cookies

Cookies for marketing purposes are used to play out targeted advertisements that are relevant to the user and adapted to his interests. They are also used to limit the frequency of appearance of an ad and to measure the effectiveness of advertising campaigns. They register whether one has visited a website or not. This information can be shared with third parties, such as advertisers. Cookies used to improve targeting and advertising are often linked to third-party site functionality.

• Performance Analytics Pixel

Purpose: The processing serves marketing and optimization purposes, in particular usage profiles are created under pseudonyms. These usage profiles are used by means of [m]Insights to play advertisements and to evaluate the playout of these advertisements in order to understand which factors make advertising successful or unsuccessful for advertisers, and create evaluations to understand and improve the use of the service and advertising effectiveness.
Data processing operations: collection of connection data, browser data and data on the content accessed; execution of analysis software and storage of data on the terminal device, anonymization of the data collected; analysis of anonymous data in the form of statistics; setting of a recognizable marker. GroupM stores the data collected by [m]Insights in non-aggregated (i.e. pseudonymized) form in usage profiles after the last contact of the cookie in the browser of a user with a website on which [m]Insights is used. If there is no such contact, the corresponding usage profile is deleted.
Legal basis: Voluntary consent that can be revoked at any time in accordance with Art. 13 para. 1 FADP or Art. 6 para 1 lit. a GDPR.

Consequences of non-consent: No direct effect on the function of the website; Limited possibilities for further development and error analysis and limited possibility of personalized advertising based on interests.
Storage: 35 days
Joint Controller: WPP Deutschland Holding GmbH & Co. KG, Darmstädter Landstraße 112, 60598 Frankfurt am Main, Germany.

• Light Reaction

Purpose: The processing serves marketing and optimization purposes, in particular usage profiles are created under pseudonyms. These usage profiles are used to play advertisements and evaluate the playout of these advertisements, to understand which factors make advertising successful or unsuccessful for advertisers, and create evaluations to understand and improve the use of the service and advertising effectiveness.
Data processing operation: collection of connection data, browser data and data on the content accessed; execution of analysis software and storage of data on the terminal device, anonymization of the data collected; evaluation of the anonymous data in the form of statistics.
Legal basis: voluntary consent, which can be revoked at any time, in accordance with Art. 13 para. 1 FADP or Art. 6 para. 1 lit. a GDPR.

Consequences of non-consent: No direct effect on the function of the website; Limited possibilities for further development and error analysis and limited possibility of personalized advertising based on interests.
Storage: 90 days
Joint Controller: Light Reaction Germany GmbH, Derendorfer Allee 4, 40476 Düsseldorf, Germany.

• Plista Tracking

Purpose: The processing serves marketing and optimization purposes, in particular usage profiles are created under pseudonyms. These usage profiles are used to play advertisements and evaluate the playout of these advertisements, to understand which factors make advertising successful or unsuccessful for advertisers, and create evaluations to understand and improve the use of the service and advertising effectiveness.
Data processing operation: collection of connection data, browser data and data on the content accessed; execution of analysis software and storage of data on the terminal device, anonymization of the data collected; evaluation of the anonymous data in the form of statistics.
Legal basis: voluntary consent, which can be revoked at any time, in accordance with Art. 13 para. 1 FADP or Art. 6 para. 1 lit. a GDPR. 

Consequences of non-consent: No direct effect on the function of the website; Limited possibilities for further development and error analysis and limited possibility of personalized advertising based on interests.
Storage: 90 days
Joint Controller: plista GmbH, Torstraße 33-35, 10119 Berlin, Germany.

External services / media

This page uses services of external media, which are blocked by default. When these services are called up, data is passed on to the respective providers. The scope of the processing of your data by these providers can be found in the privacy policy on the page of these media.

• Google Maps

Purpose: Statistical evaluation of website usage in connection with the use of maps.
Data processing procedure: Collection of connection data, browser data and data on the content accessed; execution of analysis software and storage of data on the end device, anonymization of the data collected; evaluation of the anonymous data in the form of statistics; setting of a recognizable marker.
Legal basis: Voluntary consent, which can be revoked at any time, pursuant to Art. 13 para. 1 FADP or Art. 6 para. 1 lit. a GDPR.

Note: The information generated by the cookies about the use of our website is transferred to Google servers in the USA and processed there. The USA represent so-called unsafe third countries. Your data is therefore not subject to a level of data protection in the USA comparable to that in Switzerland or the EU. 

Google relies on standard contractual clauses approved by the EU Commission for the transfer as a guarantee of a level of data protection comparable to the EU. Switzerland recognizes the approvals of standard contractual clauses by the EU. If you have given your consent, you therefore consent at the same time to your data being transferred to the USA and Russia in accordance with Art. 17 new FADP or Art. 49 para. 1 a GDPR.

Consequences of non-consent: No immediate effect on the function of the website; No possibility to use location-based calculations (route), location searches or automatic address entry.
Storage: Storage on the end device for up to 1 year.
Joint controller: Google LLC, Amphitheatre Parkway, Mountain View, CA 94043, USA.
Contractual agreement: Google's order data processing conditions grant an appropriate level of data protection. They are available at: https://privacy.google.com/intl/de/businesses/processorterms/

• Youtube

Purpose: Statistical evaluation of website usage in connection with the use of Youtube.
Data processing procedure: collection of connection data, browser data and data on the content accessed, location data from the user; anonymization of the data collected; evaluation of the anonymous data in the form of statistics; setting of a recognizable marker.
Legal basis: voluntary consent, which can be revoked at any time, pursuant to Art. 13 para. 1 FADP or Art. 6 para. 1 lit. a GDPR.

Note: The information generated by the cookies about the use of our website is transferred to Google servers in the USA and processed there. The USA represent so-called unsafe third countries. Your data is therefore not subject to a level of data protection in the USA comparable to that in Switzerland or the EU. 

Google relies on standard contractual clauses approved by the EU Commission for the transfer as a guarantee of a level of data protection comparable to the EU. Switzerland recognizes the approvals of standard contractual clauses by the EU. If you have given your consent, you therefore consent at the same time to your data being transferred to the USA and Russia in accordance with Art. 17 new FADP or Art. 49 para. 1 lit. a GDPR.

Consequences of non-consent: No immediate effect on the function of the website; No possibility to play embedded videos from YouTube within the website.
Storage: storage on the end device for up to 179 days.
Joint controller: YouTube LLC, 901 Cherry Ave, 94066 San Bruno, CA, USA.
Contractual agreement: Youtbe's order data processing conditions grant an adequate level of data protection. They are available at: https://www.google.de/intl/de/policies/privacy

• Vimeo

Purpose: Statistical evaluation of website usage in connection with the use of Vimeo.
Data processing procedure: Collection of connection data, browser data and data on the content accessed, location data from the user; anonymization of the data collected; evaluation of the anonymous data in the form of statistics; setting of a recognizable marker.
Legal basis: Voluntary consent, revocable at any time, in accordance with Art. 13 para. 1 FADP or Art. 6 para. 1 lit. a GDPR.

Note: The information generated by the cookies about the use of our website is transmitted to Vimeo servers in the USA and processed there. The USA represent so-called unsafe third countries. Your data is therefore not subject to a level of data protection in the USA comparable to that in Switzerland or the EU. If you consent to processing by Facebook, you therefore consent at the same time to your data being transferred to the USA in accordance with Art. 17 new FADP or Art. 49 para. 1 lit. a GDPR.

We have signed standard contractual clauses approved by the EU Commission with Vimeo for the transfer as a guarantee of a level of data protection comparable to the EU. Switzerland recognizes the approvals of standard clauses by the EU.

Consequences of non-consent: No immediate effect on the function of the website; No possibility to play embedded videos from Vimeo within the website.
Storage: storage on the end device for up to 2 years.
Joint Controller: Vimeo LLC, 555 West 18th Street, New York, New York 10011, USA.
Contractual agreement: We have concluded standard contractual clauses with Vimeo.

• Instagram

Purpose: Statistical evaluation of website usage in connection with the use of Instagram;
Data processing operation: Collection of information regarding site usage; anonymization of the collected data; evaluation of the anonymous data in the form of statistics; setting of a recognizable marker;
Legal basis: Voluntary consent, revocable at any time, pursuant to Art. 13 para. 1 FADP or Art. 6 para. 1 p. 1 lit. a GDPR.

Note: The information generated by the cookies about the use of our website is transmitted to Instagram servers in the USA and processed there. The USA are so-called unsafe third countries. Your data is therefore not subject to a level of data protection in the USA comparable to that in Switzerland or the EU.

Instagram relies on standard contractual clauses approved by the EU Commission for the transfer as a guarantee of a level of data protection comparable to the EU. Switzerland recognizes the approvals of standard contractual clauses by the EU. If you consent to processing by Facebook, you therefore consent at the same time to your data being transferred to the USA in accordance with Art. 17 new FADP or Art. 49 para. 1 lit. a GDPR.

Consequences of non-consent: No immediate effect on the function of the website; No possibility to display embedded Instagram posts within the website.
Storage: stored on the end device for up to 10 years.
Joint controller: Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA.
Contractual agreement: Facebook's order data processing conditions grant an appropriate level of data protection. They are available at: https://www.facebook.com/legal/terms/dataprocessing

As a matter of principle, no disclosures are made to third countries without an adequate level of data protection or only under the contractual obligation to comply with an adequate level of data protection (EU standard clauses).

A transfer of personal data to third countries only takes place if the data protection requirements of Art. 6 FADP or Art. 44 et seq. GDPR are given.

A third country is a country outside of Switzerland or the European Economic Area (EEA) in which Swiss data protection law or the European GDPR is not directly applicable. A third country is considered unsafe if, according to the FDPIC or the EU Commission, the country does not have an adequate level of data protection.

With the ECJ ruling of 16 July 2020 (C-311/18), the (partial) adequacy decision for the USA, the so-called EU - US Privacy Shield, was declared invalid. In Switzerland, the FDPIC has also revoked the adequacy of the Swiss - US Privacy Shield. The USA is thus a so-called unsafe third country. This means that the USA does not offer a level of data protection comparable to that in the EU or Switzerland.

When personal data is transferred to the U.S., there is a risk that U.S. authorities may gain access to the personal data on the basis of the PRISM and UPSTREAM surveillance programs based on Section 702 of FISA (Foreign Intelligence Surveillance Act), as well as on the basis of Executive Order 12333 or Presidential Police Directive 28.

In this context, there is a particular risk that your data may be processed by institutions and authorities for control and monitoring purposes via access at the third-party provider.

The persons concerned have no effective legal protection against such access in the USA. At the present time, no commercially satisfactory solution is available for the transfer of data to the USA.
Guarantees according to Art.6 para. 2 lit. a FADP or Art. 46 GDPR can be so-called standard contractual clauses. In these standard contractual clauses, the recipient assures to sufficiently protect the data and thus to guarantee a level of protection comparable to the FADP or the GDPR.

Personal data is protected by us through proportionate technical and organizational security measures. They are secured against access by unauthorized persons, against accidental or intentional manipulation or misuse, destruction and loss. Our data processing and security measures are continuously improved in line with technological developments. 

Personal data is any information relating to an identified or identifiable natural person, including name, address, telephone number or e-mail or IP address.

The website www.pesko.ch uses SSL encryption for security reasons and to protect the transmission of confidential content, such as requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

We reserve the right to change this data protection information at any time or to adapt it to new processing methods. The current data protection information can be accessed at any time on our website www.pesko.ch.