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Privacy policy

LEGAL NOTICE, GENERAL TERMS OF USE, AND PRIVACY POLICY

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

1. Identification:

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.

2. Contact:

Magic Mountains Cooperation
Cooperative Society
Route de l’Aéroport 7
1950 Sion 

info@magicpass.ch
Contact Form

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
CHE-103.167.648

www.infomaniak.com
INFOMANIAK's privacy policy

5. Purpose of the Magic Pass App:

The app allows you to consult information about the resorts included in the subscription at any time (piste map, webcams, weather and snow conditions, slopes and facilities, etc.). The related Privacy Policy is available on the App Store: (link).

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 info@magicpass.ch. In the event of unauthorised use, criminal proceedings and/or civil proceedings may be instituted and the payment of damages may be claimed.

B. TERMS OF USE ("TERMS") OF THE SERVICES

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. 

By accessing or using the Services, you agree to be bound by these Terms of Use. If you do not agree with any or all of these Terms, you may not access or use our Services.

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.

How we use your personal data is described in our Privacy Policy (see Section C below).

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 have no control over, and assume no responsibility for, the content, privacy policy, or practices of any third-party websites or services. In addition, you acknowledge and agree that we will not be liable, directly or indirectly, for any actual or alleged damage or loss arising out of or in connection with the use of or reliance on any content, goods or services available on or through such websites or services. We strongly recommend that you read the terms of use and privacy statements of each third-party website or service you visit.

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.

C. PRIVACY POLICY

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
Cooperative Society
Route de l’Aéroport 7
1950 Sion
info@magicpass.ch

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

  • Address e-mail
  • Title
  • First name, last name
  • Telephone number
  • Mailing address
  • Email 
  • Date of birth
  • Enterprise
  • Tongue
  • Credit card data
  • Photographs, date and place of visit, permission number (when using the Magic Pass)
  • Data for the declaration of a claim (in the event of taking out insurance), i.e. contact of the doctor, type of accident and description, date and place, medical appointments, supporting documents including medical certificates, IBAN;
  • IP address and other information relating to your use of our Site/App (see cookies below);
  • Membership number (loyalty program)

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 info@magicpass.ch.

c. COOKIES

Cookies are very small text files that are stored on your computer or mobile device when you visit certain websites. We use cookies to help identify your device in order to personalize your user experience. You can disable cookies that are already stored on your computer, but this may prevent our Website from working properly.

We do not have advertising cookies on our site.

  • ABSOLUTELY NECESSARY COOKIES

They are essential for the operation of the website, without them you cannot use our web pages as intended.

  • FUNCTIONAL AND AUDIENCE MEASUREMENT COOKIES

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.

  • TARGETING COOKIES

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 will not share any personal information with third parties except for the subcontractors designated in this Privacy Policy. We use cookies and similar technologies to perform tasks such as authenticating the user, remembering user preferences, understanding how users use our services, and managing and tracking the effectiveness of our marketing initiatives.

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:

  • to contact you and communicate with you in connection with services to which you have subscribed, registered or are participating;
  • to provide and maintain our Services and notify you of any changes to them;
  • to manage your user account and provide customer service;
  • to manage our relationship with you and fulfil our contractual obligations, including to process your order for product(s) and use (performance of contract)
  • To follow up on subscribing to one of our newsletters 
  • to manage registrations and push notifications for the Application;
  • to follow up on registration for Magic Pass social networks (such as Youtube, Facebook, Instagram, TikTok);
  • to track the flow of activity and make the Website easier to use;
  • to maintain and develop the Magic Pass Services and to gather analytics or useful information that allows us to improve our Services;
  • to track the use of our Services;
  • to detect, prevent and resolve technical problems;
  • to send you marketing communications to promote the services and activities of Magic Pass and BeMagic;
  • to provide you with information about new products, special offers and general information about the goods and services we offer that are similar to those you have already purchased or requested information about, unless you have opted out of receiving such information.

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:

  • Contractual necessity: contractual necessity justifies the use of your Personal Data when it is necessary for the provision of the services to which you have subscribed or for the performance of any other contract that we have entered into or are about to enter into with you, to communicate with you, to manage your registration and user account, to share data with partner resorts (marketing use not allowed),   including transferring, storing or processing data outside of Switzerland and the EU in connection with the provision of services;
  • Legitimate interests of MMC or third parties, unless your own interests prevail: such legitimate interest is presumed to exist when we process data concerning you for the purpose of establishing, exercising or defending our legal claims, to prevent fraud and misuse of our Services, to detect any malfunction of our Services, Website and/or Application and to improve the security of our network and computer system as well as for the processing of data for statistical purposes;
  • Compliance with MMC's legal obligations, in particular with regard to data archiving and retention 
  • Consent that you have given after being duly informed, in particular for the sending of advertising offers and marketing materials, such as newsletters and other promotional offers. This consent can be revoked at any time by unsubscribing in the promotional email or by email to info@magicpass.ch. The revocation of consent will not affect the lawfulness of the processing carried out on the basis of the consent before its revocation.

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:

  • If you give your consent;
  • If the processing is carried out with one of our processors;
  • If we are required to do so by a legal obligation or a court order to transfer the property;
  • If it is necessary to protect the security of third parties;
  • If it is necessary to enforce our rights;
  • During a due diligence, on the condition that the other party has entered into a confidentiality commitment.

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.

H. SUBCONTRACTORS

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:

  • Management of our databases on the servers and host of the site: INFOMANIAK NETWORK SA, Switzerland
  • E-mail and related data: Microsoft (Outlook, SSL-protected)
  • Newsletter : Zoho Corporation
  • Preparation and dispatch of orders, including invoicing: Iomedia and Skidata
  • External advice (fiduciaries, lawyers, etc.)

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:

  • Right to be informed about the processing (not. art. 19 FADP): you can refer to this Privacy Statement for information on the data processing carried out, and contact us if you need more information;
  • Right of access (not. Art. 25 FADP): In addition to the above-mentioned right to be informed, you have the right to ask us whether personal data concerning you is being processed and to obtain the information necessary to assert your other rights guaranteed by law;
  • Right to erasure (Art. 32 FADP);
  • Right to rectification (no. Art. 32 FADP): You have the right to demand that inaccurate personal data be rectified, unless the alteration is prohibited by a legal provision or the data is processed for archival purposes in the public interest;
  • Right to portability (not. Art. 28 FADP);
  • Right not to be subject to automated individual decision-making (Art. 21 FADP): As it stands, we do not use such processes;
  • Right to object to data processing in certain circumstances and to withdraw your consent in the past, including in relation to marketing communications, at any time.
  • Right to be informed in the event of a data security breach (no. Art. 24 FADP): In the event of an incident, we undertake to make the relevant reports spontaneously in accordance with the statutory provisions;
  • Right to lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC) or another competent foreign authority.

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 info@magicpass.ch. 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.

K. DIVERSE

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.