Terms and condition

Declaration of Acceptance of Risk and Waiver of Liability

The undersigned declares that he/she understands and accepts that the practice of off-piste snow sports involves inherent risks that can lead to the endangerment of the physical integrity or even the life of the participants. He/she declares to participate in the WeMountain training at his/her own risk.

AS A RESULT OF THE PRECEDING, THE UNDERSIGNED DECLARES THAT HE/SHE UNDERSTANDS AND AGREES THAT WEMOUNTAIN AND/OR THE INSTRUCTOR (AS WELL AS THEIR RESPECTIVE EMPLOYEES, BODIES, AND ASSIGNS) ASSUME NO LIABILITY WHATSOEVER IN CONNECTION WITH THE WEMOUNTAIN TRAINING TO THE FULLEST EXTENT PERMITTED BY LAW. IF NECESSARY, THE UNDERSIGNED WAIVES ANY AND ALL CLAIMS AND ACTIONS HE/SHE MAY HAVE AGAINST WEMOUNTAIN, THE AFFILIATE AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS AND ASSIGNS IN THIS REGARD.

The above statements are written in several languages. In case of discrepancies, the French version shall prevail. They are subject to Swiss substantive law. The exclusive place of jurisdiction is Lausanne

PROTECTION OF DATA

REGARDING THIS PRIVACY STATEMENT

• This is the Privacy Statement (hereinafter referred to as the “Statement”) of Smart Sports Sàrl, Ruelle du Grand Pont 4, CH 1000 (Lausanne “Smart Sports”, “we”, “us”). Smart Sports is the data controller for the purposes of the Statement.
• The Statement, together with our Terms of Use, sets out the basis on which we will process any personal data obtained in connection with your use of or interaction with this website or any other online presence administered by us, including our social media presences and applications (together referred to as the “Website”). We will post any changes we make to the Statement on this Website or communicate them to you by email.
• The current declaration is dated 02.09.2021.

WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU?

We collect personal data that you provide to us, for example, by filling out a contact form, registering for an account, using interactive features, subscribing to a service, participating in a marketing promotion, ordering a product or service, requesting information, and/or materials or participating in surveys. Such personal data may consist of:

• contact information (e.g. name, postal address, e-mail address, and mobile or other telephone number);
• purchase and transaction information;
• payment information (such as your payment card number, expiration date, authorization number or security code, shipping and billing address);
• Customer service information (such as customer service requests, comments, and repair history);
• a username and password;
• information about your personal or professional interests, date of birth, marital status, demographics, product experiences, and contact preferences;
• photographs, comments and other content you provide;
• the contact information you provide about friends or others you would like us to contact; and
• information we may obtain from our third-party service providers.
• We collect metadata, including details about your visits to the Website, such as traffic data, location data, IP address, browser information, session data, your preferences, settings, weblogs, and other communication data, which we monitor during your interaction with the Website.

ON WHAT BASIS DO WE PROCESS YOUR PERSONAL DATA?

We process your personal data for the purposes stated or for purposes that are obvious at the time of collection and to which you have consented, for example by checking a box; or

• for which we are required by applicable law, e.g. to comply with data retention requirements for data relevant to financial reporting; or
• that are necessary for the performance of a contract, for example when you order On-Line items or training; or
• for which we rely on other legitimate interests, which include
• gathering market information, promoting products and services, communicating with you, and making offers tailored to you;
• the delivery and improvement of our products and services;
• managing relationships with consumers, customers, vendors, and others, sharing information with internal stakeholders, implementing safety procedures, and planning and allocating resources and budget;
• Monitoring, detection, and protection of the organization, its systems, networks, infrastructure, computers, information, intellectual property, and other rights against malicious intrusions, unauthorized access, disclosure and acquisition of information, data and system breaches, hacking, industrial espionage, and cyber-attacks;
• protecting and developing industry standards; sharing information about individuals or concerns that may have a negative or detrimental impact, and following industry best practices; or
• Compliance with industry standards, regulatory requirements, and other requirements related to fraud prevention and anti-money laundering.

FOR WHAT PURPOSES DO WE PROCESS YOUR PERSONAL DATA?

We process your personal data for the following purposes:

• If you fill out a contact form with your name, email address, phone number, preferences, etc., we use your data to answer your questions, send you information, or perform other tasks upon your request.
• If you open an account with us, we process the data required to open the account, such as your name, address, e-mail address, password, profile picture, data from third-party accounts (e.g. if you register through your Facebook account), etc., to enable your registration and management of your account.
• If you use our interactive features, we process the data required for you to use these features and manage their use, e.g., by including your name and e-mail address in a filing and sending you updates about the online courses you have attended.
• If you are an existing customer, we may send you advertisements about our products and services using, for example, your name and mailing address.
• If you subscribe to a service such as our newsletter by providing us with your e-mail address and name, we use this data to send you our newsletter.
• If you participate in a marketing promotion, we then use the data we request from you to enable your participation, for example, to manage your invitation to an event or to determine and contact the winner of a contest.
• If you order a product, material, or service, we must be in possession of and process the data necessary to fulfill your order, such as your name, telephone number, shipping address, credit card information, e-mail address, etc., e.g., to confirm your order, process your payment, check your credit rating, deliver the items ordered and contact you for delivery.
• If you complete one of our surveys and provide us with personal data such as your name, age, occupation, etc., we use this data to analyze the survey results and draw conclusions.
• If you consent, upon request, to receive marketing information, we then use your data to send you promotional materials and other communications, to contact you about and administer your participation in special events, contests, sweepstakes, programs, offers, surveys, and market research, to provide you with advertisements about our products and services, to customize your use of the Website, your marketing experience, and communications
• If you interact with us on third-party social networks, we process related data on those networks (our interactions with you on a third-party social network will be subject to the privacy policies and terms of use of that social network).
• We also process your personal data to comply with and enforce applicable legal requirements, our Terms of Use, relevant industry standards, contractual obligations, and our policies.
• We may process your personal data in a centralized system to enhance your brand experience by tailoring our marketing and communication efforts to make them as relevant and useful to you as possible (profile building). To this end, we may process, compare and enrich your personal data with data received from your interaction with us or third parties. For example, if you provide us with your age, income, hobbies, or travel activities, we may compare this data with your purchasing behavior and other information obtained from you in order to present you with offers, invitations, or promotions that we believe are particularly relevant to your interests.
• We process the metadata we collect from you in order to improve our Website, analyze traffic patterns and Website usage, for targeted marketing purposes, to develop and analyze statistical and demographic data, or to optimize our online presence and marketing efforts.

TO WHOM DO WE DISCLOSE AND TRANSFER YOUR PERSONAL DATA?

We may disclose your personal data to the following recipients or categories of recipients to use the data on their own behalf and under their own control (data controllers):

• We may disclose your personal data to the following recipients or categories of recipients who act on our behalf and/or as partners (subcontractors), to the extent necessary to perform their obligations, who are contractually bound to observe an adequate level of data protection when processing your personal data (e.g. to fulfill orders, deliver packages, process credit card payments, provide customer services, send mail and e-mails, store and process data, host websites, delete repetitive data, etc.) to fulfill orders, deliver packages, process credit card payments, provide customer services, send mail and e-mails, store and process data, host websites, remove repetitive data from our customer lists, analyze data, provide marketing support, conduct customer satisfaction surveys, provide tailored advertising content):
• WeMountain E Learning and T learning programmes
• Our data processing center in Switzerland;
• Our T-Learning instructors
• Our Third Party Service Providers and Strategic Partners
• We may disclose your personal data to an acquirer if Smart Sports Ltd. or substantially all of its assets are acquired by a third party, in which case personal data held by Smart Sports Ltd. about its customers will be part of the transferred assets.
• We may disclose your personal data if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of Smart Sports Ltd. This includes exchanging data with other companies and organizations for fraud protection and credit risk reduction purposes.
• This Website may contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these sites, please note that they have their own privacy policies and we are not responsible for their privacy practices. Please check those privacy policies before providing any personal data to those sites.

HOW LONG DO WE PROCESS YOUR PERSONAL DATA?

We process your personal data:

• until you revoke your consent for future processing, for example by unsubscribing from our newsletter or deleting your account with us;
• until we are sure that you are satisfied after you have approached us, e.g. in order to follow an E-Learning or T-Learning course, etc., up to a limit of twelve (12) months after the last contact, unless we can rely on another reason, we have informed you otherwise or you have given us your consent for a longer data retention period;
• for as long as you remain our business partner, plus ten years unless we have another reason, we have informed you otherwise, or you have given us your consent for a longer retention period;
• as long as we are legally obliged to do so, e.g. under data retention obligations based on accounting or tax laws and regulations.

WHY DO WE NEED YOUR PERSONAL DATA?

If you wish to enter into a contract with us, e.g. if you order goods or services, we are obliged to ask you for certain personal information in order to enable you to enter into that contract, e.g. your name, delivery address, place of residence, payment information or contact details. If you decide not to provide us with the requested information, we will not be able to conclude the contract with you.

WHAT ARE YOUR RIGHTS?

You are entitled to:

• to ask us to access, correct, or delete your personal data;
• ask us to restrict the processing of your personal data, including objecting to the processing of your personal data for direct marketing purposes; and
• request that we provide you or any other person or entity you designate with a digital file of your personal data (data portability).
• You may withdraw your consent for us to process your personal data for the purposes indicated at any time.
• In order to exercise the aforementioned rights, you may contact us as described in the following point.
• You also have the right to file a complaint with the competent authority.

HOW TO CONTACT US ?

If you have any questions about exercising your rights, you can contact us at:

Smart Sports Sàrl, 4 Ruelle du Grand Pont, CH 1000 Lausanne

Adresse e-mail : contact@w3mountain.com