General terms and conditions and legal information - Data protection

1. Prices

Prices are in Swiss francs or Euros, net. The calculation of VAT is shown in the confirmations/invoices only if the Organizer is subject to it.

 

2. Terms of payment and refund

2.1. Payments

Payment methods vary according to the Organisers' requirements: Payment by BVR transfer, payment by credit cards, payment by Paypal or Stripe, TWINT, Google Pay, online payment with Postfinance (Switzerland only).

2.2. Refunds

The terms and conditions for refunds are specific to the Organizer's rules and regulations and are clearly defined therein. As Mediator for the sale of the entry, Performance Sport cannot be held responsible for any missed refund or refusal of refund by the Organiser.

 

3. Delivery
Products are delivered electronically by e-mail. Confirmation e-mails are binding. The delivery date is the date of the electronic transmission.

 

4. Scope of application

Performance Sport is exclusively responsible for the contents that are developed, published and distributed by Performance Sport. The terms of use apply to the contents of the website www.performancesport.ch and www.performancetiming.ch as well as to all subdomains belonging to this domain (hereinafter referred to as the Performance Sport Internet offer).

 

5. Liability

Performance Sport is not liable for the contents and programmes published on the Performance Sport website or for any damage resulting from them. This applies to all types of damage, in particular damage that may occur as a result of fault, delay or interruption of transmission, disruption of technical facilities and service, incorrect content, loss or deletion of data, viruses or any other reason that is related to the use of the Internet offer.
Performance Sport may provide links to third party websites for information purposes. In this case, Performance Sport is not responsible for the content, correctness, legality and functioning of third-party websites to which the Performance Sport website refers the visitor via links or tools. The opening of pages via a link is at the visitor's own risk.

 

6. Copyright and right of use

6.1. Copyright

The contents of the Performance Sport website are subject to copyright in accordance with the applicable laws. The use of the material made available is intended exclusively for non-commercial purposes. A non-exclusive, non-transferable single licence, limited to a single download and storage, is granted for all information, software and other contents of the Performance Sport Internet offer, which are expressly made available for download. Performance Sport retains all further rights. In particular, any sale or commercial use is prohibited.
In the event of force majeure or in the event of an incident for which Performance Sport is not responsible, in particular in the event of a breakdown in the communication networks and gateways. Performance Sport is not responsible for any disturbances in the quality of access. Performance Sport shall not be liable for the uninterrupted and faultless operation of the Internet page.

6.2. Right of use

Performance Sport has an unlimited right of use for all content (texts, photos, videos, etc.) published electronically by users on the Performance Sport website and Performance Sport's social channels (Facebook, Instagram, Twitter, Youtube etc.). This information may be used on the Performance Sport website and in Performance Sport newsletters. Performance Sport cannot be held responsible for any copyright infringement.

 

7. Data protection

Performance Sport attaches great importance to the protection of personal privacy. In this respect, please observe the following data protection declaration.

7.1. Scope of application

The data protection declaration applies to the website www.performancesport.ch and www.performancetiming.ch (including online registration, start lists, rankings, online documents, personal profile, etc.). No responsibility is accepted for compliance with the data protection provisions of third-party Internet offers to which visitors are directed by tools and links on this page.

7.2. Principle

In principle, you can use the page without having to provide personal information. During the visit, Performance Sport may only record non-personal usage data. The IP address of your computer or network, the last page visited, the browser used, the date and time and the files downloaded may be retained in these log files. This information is collected for the purpose of analysing user behaviour and is used to optimise our offer. It does not lead to any conclusions about you.

7.3. Specification and use of personal data

Some of the offers on this page can only be used if you provide personal data. For some offers, it is sufficient to enter your e-mail address (e.g. newsletter); for other services, we ask you to enter your full name, address, telephone number and e-mail address.
The use of online registration with payment necessarily involves registration with the provision of personal data. As a collection company (Mediator), Performance Sport is obliged for legal reasons to be able to certify all transactions in a comprehensible manner within the legal deadlines.
We process your personal data in accordance with the Data Protection Act. This means that Performance Sport undertakes to use your personal data only for the purposes stated. Performance Sport is entitled to use the postal address, e-mail address and telephone number for the provision of information on events, products, services and other offers. You have the possibility to change the personal data you have given us at any time or to restrict the use of this data. You can do this yourself on your profile or request it in writing (by e-mail, fax or post).
The personal overview of results offered by Performance Sport is a free service. The results overview can be viewed publicly on the Internet (Performance Sport website, Performance Sport application) in the personal search. The person concerned may request that the personal results overview not be published. A written message sent by post, fax or e-mail is sufficient.

7.4. Online registration at the request of third parties

Performance Sport offers registration with payment of the participation fee for sports events. This service is carried out on behalf of and at the request of the organisers in question (as Mediator). The online registration is legally considered as a contract between the athlete and the event organiser in question. This contract is based on the regulations or general terms and conditions of the organiser. Performance Sport is not a party to the contract and is not obliged to observe any of these conditions. By confirming the online registration, which is carried out with the execution of the payment, the user affirms that he/she accepts the regulations of the organiser.
The event organiser has all rights to the personal data collected from the athlete. The rights of use shall be governed by the organiser's regulations and/or general terms and conditions of sale. The sums collected in the context of an online registration are at all times the property of the organiser. Performance Sport has no power of disposal over these sums. The organiser is responsible for the fiscal qualification of the amounts collected. All of the above applies to any other services offered, performed and charged for in the context of an online registration made at the request and on behalf of partners. If a user registers for and on behalf of a third party, Performance Timing and the event organiser in question may consider that the interested parties have accepted the registration and all the organiser's regulations.

7.5. Consent to the use of data

By registering you consent to the disclosure of your personal data such as your first and last name, private address (street, postcode and city), date of birth, telephone number, e-mail address to partners (e.g. photo and video services), unless you prohibit the disclosure of such data by sending a notification to the organiser. The partners indicated by the organiser in its regulations may use the data for their own services or for advertising purposes and, in the case of sponsors, for targeted addresses and telephone campaigns agreed in advance with the organiser in connection with the current event. If you wish to restrict these rights of use, please contact the relevant organiser directly.

7.6. Submission of information at the request of third parties

Performance Sport presents information of a different nature at the request of third parties, in particular organisers of sporting events. This largely concerns the presentation of start lists, rankings, documents, photos, videos and links to other websites displaying the relevant information. Performance Sport acts on behalf of and at the request of the organiser and cannot be held responsible for any content or errors made. It is in any case the responsibility of the client to respect the provisions concerning the protection of personal data.

7.7. Entry and management of telephone numbers

Performance Sport offers SMS services on behalf of and at the request of event organisers or their partners. The registration of telephone numbers is carried out on the user's personal profile or on a special registration application on the Performance Sport website.
The registered telephone numbers are used to send welcome, information and congratulatory SMS messages relating to the event. It is not a question of sending advertising SMS messages. The sponsor of the SMS service may be mentioned in the body of an SMS.
After the event, the telephone numbers indicated in the special application dedicated to registrations on the Performance Sport website are archived, for legal reasons of transparency. However, they will not be passed on to the client or to third parties, nor will they be used for any other purpose.

7.8. Identification of visitors

It is possible that information which enables you to identify yourself may occasionally be stored on your computer. This information is called "cookies". These text files stored on your hard drive do not contain any personal data but make it easier for you to use our web pages: thanks to cookies, we can provide you with the personalised content you want without you having to re-register on each visit. You can configure your browser so that a warning appears on your screen before a cookie is stored. Or you can also block cookies. In this case, some services may not be accessible.

7.9. Security

The provision of personal data on the Internet is always risky and no technological system is fully protected against manipulation or sabotage. Performance Sport endeavours to take reasonable steps to prevent unauthorised access to your personal data and any unauthorised use or falsification of such data, and to minimise the risks involved.

7.10. Changes

Performance Sport follows the technical developments on the Internet by constantly developing its online offer. At the same time, we check whether additions or changes to the data protection declaration are necessary. Performance Sport may at any time - and without notice - amend these rules or the content of the pages or change or block access to the pages. Any changes will be published on this page.

 

8. Disputes and Jurisdiction

The place of jurisdiction for all disputes is the place of residence of Performance Sport. If the dispute is between the Organizer and the user, the place of jurisdiction is the municipality of residence of the Organizer.

 

Performance Sport Switzerland SAGL, Via Alberto Franzoni 73, CH-6600 Locarno

Updated on 11.12.2020


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