Data Protection and Data Security Provisions (DSP) concerning Utilisation of the Internet Platform www.gotcourts.com
Last amendment on 6 April 2014
I. Adherence to data protection
1. General utilisation provisions
We know how important is to you that your personal information is treated with care. For this reason we appreciate your trust that the Operator will handle this information conscientiously and confidentially. When processing data the Operator shall adhere to the statutory regulations as well as to the following principles.
2. Integral contractual part of the GTC
The respective current version of these DSP represents an integral part of the General Terms and Conditions concerning Utilisation of the Internet Platform GotCourts (GTC). Subject to mandatory statutory regulations as well as the GTC, the DSP govern the handling of the data made available by Users to GotCourts or resulting from the utilisation of GotCourts. With the registration and with every login to GotCourts, each User of GotCourts expressly agrees that his or her data may be processed, subject to the present Provisions.
3. Security measures
The Operator deploys reasonable technical and organisational security measures to protect data against unintentional or wilful manipulation, against loss, destruction or against access by unauthorised persons. Although the data encryption used by the Operator is state-of-the-art, the User bears sole responsibility for the transfer of the data over the internet, in particular in the case of utilisation via mobile terminals.
4. Processing of data
The Operator emphasises that User data will be stored in machine-readable form and will be machine-processed. Within the context of the contractual rendering of services, the Operator will collect, use, store and process personal data. Storage shall be performed electronically. In addition, data will be recorded in respect of the accessing of the websites.
II. Affected groups of persons
5. Whose and which data will be gathered and processed by the Operator?
Data of players, i.e.
such as last name, first name, address, e-mail, telephone number, age, gender, playing ability and similar; personal data associated with the use of GotCourts.
Data relating to Sports Facilities
address data, contact data, data for settlement and similar.
III. Data processing in particular
6. Purpose of the processing
GotCourts is a unique reservation software program that enables players to book courts and other services across a range of Sports Facilities. With GotCourts, Sports Facilities receive management software to administer their operations efficiently.
For the purpose of fulfilling the aforementioned purpose the Operator collects, processes and utilises the data gathered by it or made available to it by Users. By registering with GotCourts and using GotCourts, Users agree that the Operator may process their data:
- in order to enable an account to be set up together with all GotCourts services;
- in order to conduct surveys, special offers and similar, and to present the results thereof, such as for example success stories;
- in order to enable GotCourts utilisation reports to be drawn up, to manage, to support, to improve and to develop the business further;
- in order to report GotCourts updates, communiqués and service-related notifications, including important security updates, or to provide Users with other information (in particular advertising) and to inform them about special offers and future services;
- in order to use compiled anonymised statistical GotCourts data for scientific and publication purposes.
7. Sports Facilities and data protection
Pursuant to the GTC as well as these DSP, Sports Facilities are obliged to treat the data they gather about players in a confidential manner, may not pass this on to any third party and must adhere to statutory data protection and privacy provisions.
8. Payment data
Users who report their payment data to the Operator shall be treated confidentially and shall not be forwarded to third parties, unless this constitutes a company that processes credit card payments or renders such services.
9. Data disclosure
In addition to cooperation with partners that are subject to confidentiality obligations and are necessary for the operation the Operator shall make confidential data available to third parties only if it is obliged to do so by law or on the basis of an official decree, at its own discretion following requests from a public office or if it believes in good faith that this is necessary in order to:
- a) adhere to statutory provisions or statutory procedures;
- b) protect its rights or its property;
- c) uncover or prevent a misdemeanour or crime;
- d) protect the personal security of Users or of the public.
Subject to normal business confidentiality, the Operator is moreover entitled to grant reasonable access to the GotCourts database to third parties who are planning to acquire the business of the Operator wholly or in part or in any form whatsoever.
If insolvency proceedings have been brought against the Operator, then it or the liquidator, creditors’ trustee, official receiver or sequestrator may by means of a legal transaction approved by the court alienate or license the database of the Operator or may dispose thereof in other ways.
10. Transmission to third-party states
By accepting the GTC and these DSP, the User of GotCourts expressly declares within the meaning of Art. 6 Para. 2 lit. b of the Swiss Data Protection Act that data may be disclosed abroad within the context of the normal utilisation of GotCourts, in particular for data storage purposes, even if there is a lack of legislation abroad that ensures reasonable protection. In any such case the Operator shall take suitable measures to ensure that reasonable protection is provided.
12. Log File
When GotCourts is accessed, the general access data required to draw up statistics will be saved in a log file. The Operator uses this data for statistical and technical evaluations and in an anonymised form, for example to optimise the server infrastructure or to ascertain on which days it is accessed by a particularly large number of Users, and in order to draw conclusions about potential improvements to the user interface and functionalities. No personal evaluation of this data shall be performed.
IV. Rights to information
13. Information provided by the Operator
The Operator reserves the right to send e-mails or other user-specific messages to Users in order to inform them about current topics and news relating to GotCourts. Users declare that they agree to this.
In addition, automated user-specific news will also be sent that is directly linked to the utilisation. The provision of such news cannot be discontinued.
14. Right to information
Users are entitled at any time to ask the Data Protection Officer at GotCourts in writing for information about whether and what personal data are saved at GotCourts relating to them. Once the identity of the respective petitioner has been verified, the enquiry will be answered as quickly as possible in the manner the Operator deems most suitable. Information may be withheld, restricted or postponed insofar as this is established by law or is necessary on the ground of overwhelming own or third-party interests.
Users must send their requests for information to the following address:
- GotCourts AG
- Data Protection Officer
- c/o Elektrogros AG
- Rütistrasse 18
- 8952 Schlieren
Amendment of the DSP
The Operator reserves the right to amend the manner in which personal and other data are gathered, transmitted and processed, as well as the way in which cookies are used, at its own discretion at any time. The Operator will inform Users about the changes or adjustments of the DSP without delay and by suitable means.