Please read the following information carefully before using the website www.magicpass.ch (hereinafter the Website) and/or the "Magic Pass" application (hereinafter the Application), acquiring a Magic Pass, and/or benefiting from our other complementary services.
A. LEGAL NOTICE
Company Name: Magic Mountains Cooperation, a cooperative registered in the Central Valais Commercial Register under number CHE-220.550.776 (hereinafter: MMC).
MMC is the entity responsible for and owner of the Website and the Application, including their content. It reserves the right to make any modifications or terminate any aspect of the features without notice.
Magic Mountains Cooperation
Route de l’Aéroport 7
3. Purpose of the Website:
The main purpose of the Website is to sell an online lift pass and to promote the cooperative's member destinations. It may also offer other goods and services related to the aforementioned purposes.
4. Website Hosting:
Our website is hosted by the company incorporated under Swiss law: INFOMANIAK NETWORK SA
Registered office address: Avenue de la Praille 26 1227 Carouge (GE), Switzerland
5. Purpose of the Magic Pass App:
6. Intellectual property:
"Magic Pass" is a product and a protected trademark (logo) of MMC (trademark No. 702547).
The entire content of the Website and the Application is protected by Swiss law, in particular the Federal Act on the Protection of Trademarks (MPA), the Federal Copyright Act (FPA) and the Federal Act against Unfair Competition (UCA). We draw your attention to the fact that any form of reproduction, copying, modification, transmission, downloading, incorporation or publication of all or part of our Website and the Application (in particular the general appearance, functionalities, texts, illustrations or graphics), for any purpose whatsoever, is prohibited without our prior written consent. All requests should be addressed to email@example.com. In the event of unauthorised use, criminal proceedings and/or civil proceedings may be instituted and the payment of damages may be claimed.
Our Services are the sale of a subscription giving access to the ski lifts listed on our Website, various products (https://www.magicpass.ch/en/shop) and other additional services such as the provision of information and the BeMagic loyalty program.
a. ACCOUNT CREATION AND DATA PROTECTION
To use our Services, you must create a user account. The information provided must always be accurate, complete and up-to-date. Failure to do so constitutes a violation of the Terms that may result in the immediate termination of your account with our Services.
You are responsible for setting a password that is unique and secure enough to access your account.
Any account created and any registration made through our Website is intended for an individual user only.
b. USE OF OUR SERVICES
You may only use the Website and the Application as well as the contents of our Services for private, non-commercial purposes. Any other use or reproduction of our Website or the Application or their contents is strictly prohibited.
Our Services are provided on an "as is" and "as available" basis, without any obligation on our part; we make no warranties of any kind, express or implied, in connection with our Website or App. We do not warrant that our Services will meet your requirements or be error-free or uninterrupted, or that our Services or the server that makes them available are free of viruses or "bugs".
We will not be liable for any damages, direct or indirect, howsoever caused, origin, nature or consequences, caused by anyone's access to, use of or access to our website (including, but not limited to, any loss or damage caused by viruses affecting your computer equipment).
We strive to ensure 24-hour access to our Services; however, we assume no liability in the event that our Services are inaccessible for any reason, at any time and for any duration. Access to our Services may be suspended temporarily and without notice in the event of a system failure, for maintenance or repair activities, or for other reasons outside of our sphere of influence, as set forth above.
c. VISITOR BEHAVIOR
You must not misuse our Services. You are prohibited from posting or transmitting on or from our Services any content or information:
(a) that is threatening, defamatory, obscene, indecent, seditious, insulting, pornographic, abusive, likely to incite racial hatred, discriminatory, intended to intimidate, offensive, virulent, profane, in breach of confidence, in breach of confidentiality, or likely to cause embarrassment or inconvenience; or (b) for which you have not obtained all necessary licenses and/or authorizations; or (c) constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law or infringe the rights of any third party, in any country; or (d) that is technically harmful (including, but not limited to, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or any other malicious software or harmful data).
d. LINKS TO OTHER WEBSITES
Our Services may contain links to third-party websites or services that are not owned or controlled by MMC.
We will fully cooperate with all law enforcement authorities or comply with any court order requiring or requiring us to disclose the identity or locate anyone posting any content or information in violation of the above.
This section provides you with information regarding the collection, use, and disclosure of personal data of users of our Services that we process.
This Policy applies to all processing carried out by us.
a. DATA CONTROLLER
The person responsible for the collection, processing and use of your personal data is:
Magic Mountains Cooperation
Route de l’Aéroport 7
b. TYPES OF DATA PROCESSED
In the context of the use and provision of our Services, we may process the following personal data:Adresse e-mail
For the Children's Magic Pass, we will have to process the personal data that you provide us about it, i.e. first name, last name, address, date of birth, photographs at the time of use, medical certificate if applicable. If you have any questions about this, please contact us via email at firstname.lastname@example.org.
We do not have advertising cookies on our site.
They are essential for the operation of the website, without them you cannot use our web pages as intended.
These will save your preferences for screen layouts as well as language, in order to improve your user experience. They will allow us to offer support via live chat (if available) and to anonymously collect and analyse data about the pages you visit and your use of the Website, via Google Tag Manager and Google Analytics, in order to improve its attractiveness, content and functionality.
These will allow information to be collected for the purposes of targeted advertising on social networks such as Facebook and Instagram.
In any case, the cookies we use do not have a lifespan of more than 12 months.
We may also include tracking pixels, which are small graphic images contained in our emails and newsletters to determine whether messages have been opened and links have been clicked. If you do not wish to receive tracking pixels in emails we send you, you must disable HTML images in your email software; however, this may affect the ability to view images in other emails you receive.
We use the services of Lemon Pie to save your cookie preferences. For more information: https://tarteaucitron.io/fr/
For more information about third-party cookies, tracking technologies, and social plug-ins used in connection with our Services, please refer to Section F "Processors" below.
D. DATA PROCESSING
We process your personal data for different purposes, in particular:
E. LEGAL BASIS FOR DATA PROCESSING
We only process your personal data to the extent permitted by law. In general, the legal bases on which MMC's processing of your personal data is based are as follows:
F. DURATION OF STORAGE OF PERSONNAL DATA
We store this data until you ask us to delete it, revoke your consent to its storage or the purpose for storing the data expires (e.g. unsubscribing from the newsletter, closing the account). In principle, the data linked to the account is stored for as long as the account is not closed.
We will also retain data about your use of our Website for internal analysis purposes. Whenever possible, we use only anonymous data. This data is generally retained for a shorter period of time than other data, except when used to enhance the security or improve the functionality of our Services, or where we are required by law to retain such data for a longer period of time.
Mandatory statutory provisions – in particular retention periods – remain reserved.
We regularly check (at least every 3 (three) years) that no data is kept longer than necessary.
G. DATA TRANSFER
We do not pass on your personal data to third parties, except in the following cases:
All personal data that we process is either currently located in either Switzerland (Informaniak) or Austria. The purposes set out above may also involve transferring your personal data to third parties, in particular our partner stations in Switzerland and France, where we deem this transfer to be necessary.
We have concluded contracts with our subcontractors outside Switzerland/Europe (see above). These contracts carry strict obligations and are subject to Standard Contractual Clauses (SCCs), to ensure that personal data is protected at all times, but we must inform you that risks (such as less or no individual data protection or privacy rights, no local supervisory authority, etc.) remain.
In general, we select subcontractors who offer excellent guarantees in relation to the protection and security of your data (certifications, etc.). Our main subcontractors are as follows:
We impose strict requirements on these service providers. In this context, it is possible that some of these processors have confidential access to some of your data, but the contract between us obliges them to take appropriate measures to protect your data. If the data protection legislation in a specific country is not considered to provide an adequate level of protection by the Federal Council (see annex to the Data Protection Ordinance of 31 August 2022), we will ensure, by including appropriate safeguards in our contracts, such as standard contractual clauses or the collection of express consent, that transfers of data to processors in the country in question are subject to equivalent protection and that a transfer of data to third parties does not take place in such countries.
I. DATA SECURITY
We attach great importance to the security of your data and undertake to take appropriate organisational and technical measures to ensure adequate security of your data. The personal data we process is secure and access to it is limited to those who need it. For example, all data transmitted to our website is secured according to current standards (HTTPS). However, we must point out that any transmission via the Internet and any electronic storage involves inherent risks and that it is impossible for us to guarantee absolute security.
In order to avoid any loss, your data is backed up daily in a "backup" which is kept for 3 months and protected by an encryption key.
J. YOUR RIGHTS
You have the following main rights if the legal requirements are met:
If you would like to be informed about the personal data we hold about you or exercise your rights in relation to your Personal Data, please contact us by email at email@example.com. Please note that we may ask you to prove your identity before responding to your request. We will endeavour to respond to you within 30 days.
We reserve the right to change the content hereof at our sole discretion. In the event of any changes, the latest updated version will come into force with immediate effect at the time of its publication on the Website. If you continue to use our Services following the posting of changes, your use will be construed as your acceptance of those changes. We invite you to consult this document regularly to be informed of any changes.
Our failure to assert any right or enforce any provision hereof shall not be deemed a waiver of such rights. If any provision is found by a court to be void or unenforceable, the validity and enforceability of the remaining provisions hereof shall not be affected.
L. APPLICABLE LAW
The contents of this document shall be governed by and construed in accordance with the laws of Switzerland.