Data Protection and Data Security Provisions (DSP) concerning Utilisation of the Internet Platform www.gotcourts.com

Last amendment on 25 October 2017

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:

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 as well as other carefully selected third parties, including marketing and advertising partners, 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:

  1. a) adhere to statutory provisions or statutory procedures;
  2. b) protect its rights or its property;
  3. c) uncover or prevent a misdemeanour or crime;
  4. 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 stored abroad within the context of the normal utilisation of GotCourts, in which case the Operator shall take suitable measures to ensure that reasonable protection is provided.

11. Cookies

Cookies are small text files that the web browser deposits in the computer of the User and that inter alia can record user behaviour data such as, e.g. via the utilised browser. GotCourts uses cookies to document and evaluate the utilisation of the website. Cookies also enable automatic logins, insofar as the User activated this option. Personal data are not gathered, and there is no link to data in the account of the User. Cookies do not at any time facilitate access to the personal data of a User. Users have the option at all times, by correspondingly configuring their browser, to block the acceptance of cookies or to cause a warning to be shown, and by this means to determine independently whether they wish to accept these or not. While the deactivation of cookies has no influence on the availability of the services of GotCourts, it may restrict technical functions and the simplicity of utilisation.

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:

  1. GotCourts AG
  2. Data Protection Officer
  3. c/o Elektrogros AG
  4. Rütistrasse 18
  5. 8952 Schlieren

Amendment of the DSP

15.

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.