Privacy Policy

A transparent approach to personal data is very important to us. This privacy policy informs you which personal data we collect for which purposes and to whom we disclose it. We review and update this privacy policy regularly to ensure the highest level of transparency.

This is an English translation for your convenience. The legally binding version is the German original at peak.swiss/datenschutz.

1. What do we do?

Peakmarketing GmbH (Hotelgasse 10, 3011 Bern) operates the website www.peak.swiss (hereinafter referred to as “we”).

The protection of your personal data is very important to us. In this privacy policy we inform you transparently and clearly which data we collect through our website and how we handle it.

2. What do we inform you about?

• Who is responsible for data processing;
• Which data is collected;
• For which purposes this data is collected;
• On which legal basis we collect this data;
• To whom we disclose this data;
• How you can object to data processing;
• Which rights you have and how you can exercise them.

3. Definitions

What is personal data?

Personal data is any information relating to an identified or identifiable natural person. This includes, for example, name, address, date of birth, email address or telephone number as well as IP address. Information about personal preferences such as hobbies or memberships is also considered personal data.

What are special categories of personal data?

Special categories of personal data (also referred to as “particularly sensitive data”) are:

• Data on religious, ideological, political or trade-union views or activities;
• Data on health, privacy, ethnic origin, sex life and sexual orientation;
• Data on administrative or criminal proceedings and sanctions, as well as data on social assistance measures;
• Genetic data and biometric data that uniquely identify a person.

Where necessary and where you disclose such data to us yourself, we may process data belonging to a special category of personal data. In this case, processing is subject to stricter confidentiality requirements.

What is processing personal data?

Processing means any handling of personal data, regardless of the means and procedures used — in particular obtaining, storing, retaining, using, altering, disclosing, archiving, deleting or destroying personal data.

What is disclosing personal data?

This means transferring or making personal data accessible, e.g. by publishing it or revealing it to a third party.

4. Contact

If you have questions or concerns about the protection of your data by us, you can contact our data protection officer:

Peakmarketing GmbH
Yannic Reber
Hotelgasse 10
3011 Bern
contact@peak.swiss

5. Data security

We will keep your data secure and take all reasonable measures to protect your data against loss, access, misuse or alteration.

Our contractual partners and employees who have access to your data are obliged to comply with data protection regulations. In some cases, in the course of order processing, it will be necessary for us to forward your enquiries to affiliated companies. In these cases your data will also be treated confidentially.

Within our website we use the SSL procedure (Secure Socket Layer) with the highest level of encryption supported by your browser.

6. Rights of data subjects

Right of access

You can request information at any time about the data we have stored about you. Please send your access request together with credible proof of identity to contact@peak.swiss.

We provide access in writing or in another form, if necessary also electronically. If you so request, we can also provide the information verbally if you prove your identity in another form. If you submit the access request electronically, we provide the information in a common electronic format, unless you indicate otherwise.

Access is generally free of charge. If additional copies are requested, a reasonable fee may be charged. The right to receive a copy of the processed data must not adversely affect the rights and freedoms of others. In the case of manifestly unfounded or excessive access requests, we reserve the right to refuse access within the legal limits or to charge a reasonable fee.

We handle your request within the statutory time limit of one month. We may extend this deadline by two further months due to the complexity and high number of requests, if necessary. You will be informed of any extension within one month of submitting the access request and told the reasons.

Erasure and rectification

You have the right at any time to request the erasure or rectification, or completion, of your data, provided that no statutory retention obligations or legal grounds for processing exist. Please note that exercising your rights may conflict with contractual agreements and have corresponding effects on the performance of the contract (e.g. early termination or cost consequences).

Restriction of processing

You also have the right to request the restriction of processing if you contest the accuracy of the data, if the processing is unlawful, if the data is no longer required, or if you have objected to processing. Where processing is restricted, the data may only be stored. Further processing may only take place with your consent, for the establishment, exercise or defence of legal claims, for the protection of the rights of another person, or for reasons of important public interest. You will be notified before any restriction is lifted.

Right to data portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format and to transmit this data to another controller without hindrance from us, provided that processing is based on consent under Art. 6(1)(a) or Art. 9(2)(a) GDPR or on a contract under Art. 6(1)(b) GDPR and is carried out by automated means. You also have the right to have the personal data transmitted directly by us to another controller, where technically feasible.

Right to object

If you have given consent to the processing of your data, you can withdraw it at any time. Such withdrawal affects the lawfulness of the processing of your personal data after you have communicated the objection to us.

Insofar as we base the processing of your personal data on a balancing of interests, you can object to the processing. This is the case in particular where processing is not required for the performance of a contract with you. When exercising such an objection, please explain the reasons why we should not process your personal data in the manner we have carried out. In the event of your justified objection we will review the situation and either stop or adjust the data processing or explain the compelling legitimate grounds on which we continue the processing.

You can object at any time to the processing of your personal data for advertising and data analysis purposes. To object to advertising, please contact us using the contact details provided in this privacy policy.

Right to lodge a complaint

You also have the right to lodge a complaint with a data protection supervisory authority regarding the processing of your personal data by us.

7. General principles

Which data do we process about you and from whom do we receive it?

We primarily process personal data that you provide to us or that we collect while operating our website. In some cases we may also receive personal data about you from third parties. This may include the following categories:

• Master personal data (name, address, date of birth, etc.);
• Contact data (mobile number, email address, etc.);
• Financial data (e.g. account information);
• Online identifiers (e.g. cookie identifiers, IP addresses).

This data may come from the following sources:

• Information from publicly accessible sources (e.g. media, internet);
• Information from public registers (e.g. commercial register, debt enforcement register, land register);
• Information in connection with official or judicial proceedings;
• Information about your professional functions and activities (e.g. professional networks);
• Information about you in correspondence and meetings with third parties;
• Credit information (where we conduct personal business with you);
• Information about you provided by people in your environment so that we can conclude or perform contracts with you;
• Data in connection with the use of the website.

Under what conditions do we process your data?

We process your data in accordance with applicable data protection laws, in particular the GDPR. Processing is carried out for the purposes set out in this privacy policy. We ensure transparency and proportionality. Processing your data is lawful if a legal basis under the GDPR applies. Possible legal bases are in particular:

• Your consent (Art. 6(1)(a) GDPR);
• The performance of a contract or pre-contractual measures (Art. 6(1)(b) GDPR);
• Compliance with a legal obligation to which we are subject (Art. 6(1)(c) GDPR);
• Protection of vital interests of the data subject or another natural person (Art. 6(1)(d) GDPR);
• Performance of a task carried out in the public interest or in the exercise of official authority (Art. 6(1)(e) GDPR);
• Our legitimate interests, provided your interests do not override them (Art. 6(1)(f) GDPR).

It may be necessary for you to disclose certain personal data to us in order to fulfil contractual obligations. Without such data we are normally unable to perform a contract. The website normally cannot be used either if certain information required to secure data transmission — such as your IP address — is not disclosed.

In which cases can we disclose your data to third parties?

a. Principle

We may need to make use of the services of third parties or affiliated companies and instruct them to process your data (so-called processors). Categories of recipients are, in particular:

• Accounting, fiduciary and audit firms;
• Consulting firms (legal advice, taxes, etc.);
• IT service providers (web hosting, support, cloud services, web design, etc.);
• Payment service providers;
• Providers of tracking, conversion and advertising services.

We ensure that these third parties and our affiliated companies comply with data protection requirements and treat your personal data confidentially. In some cases we may also be obliged to disclose your personal data to authorities.

b. Disclosure to partners and cooperation companies

We sometimes work with different companies and partners that publish their offers on our website. It is recognisable to you that this is a third-party offer (marked as “advertising”). If you take up such an offer, we transmit your personal data to the relevant partner or cooperation company whose offer you wish to take advantage of. These partners and cooperation companies are independently responsible for the personal data they receive.

c. Transfer abroad

In the course of order processing it may be necessary to transfer your personal data to companies abroad. These companies are subject to data protection obligations to the same extent as we are. Transfers can take place worldwide. If the level of data protection does not correspond to that of the EEA, we carry out a prior risk assessment and ensure contractually that the same level of protection as in the EEA is guaranteed (e.g. by using the European Commission's Standard Contractual Clauses).

How long do we store your data?

We store personal data only for as long as necessary to fulfil the individual purposes for which the data was collected. We store contract data for longer as we are required to do so by law. In particular, we must retain business communication, concluded contracts and booking receipts for up to 10 years. Where we no longer need such data from you to provide services, the data is restricted for further processing and we use it only for accounting and tax purposes.

8. Individual data processing operations

Providing the website and creating log files

By simply visiting www.peak.swiss without registering or otherwise disclosing information, only the data that your browser automatically transmits to our server is collected. This data is technically necessary for the operation of the website.

Which data do we process? Name of the internet service provider, IP address, technical information such as browser, operating system or screen resolution, date and time of access, referrer URL.

Purpose: to guarantee the website's functionality and ensure the security of our information technology systems. Legal basis: Art. 6(1)(f) GDPR (legitimate interest). Log files are deleted after each session ends.

Contact

When you contact us (in writing, verbally or in any other form) and provide personal data, data processing takes place. Which data: name, email address, content and time of your contact, other contact data. Purpose: communication and feedback, customer service and handling business enquiries. Legal basis: Art. 6(1)(f) GDPR (legitimate interest).

Cookies

Our website uses cookies. Cookies are text files stored on the operating system of your device via the browser when you access our website. Cookies do not cause any damage to your computer and do not contain any viruses. Some cookies are technically necessary for the website to function. Most of the cookies we use are so-called “session cookies” and are automatically deleted after the end of your visit.

Purpose: making the website more user-friendly, effective and secure (storing preferences, fast delivery, analysis for statistical evaluation and improvement). Legal basis: your consent under Art. 6(1)(a) GDPR; for technically necessary cookies our legitimate interest under Art. 6(1)(f) GDPR.

How can you prevent this data processing? Cookies that require your consent are only activated after your approval. You can also disable cookies in your browser settings:

• Chrome
• Safari
• Edge
• Firefox

Newsletter

If available via our website, you can subscribe to our newsletter. Which data: IP address (usually anonymised), contact data, date and time of subscription, technical information (browser, operating system, screen resolution), interactions with the newsletter. Purpose: sending, verification, salutation, evaluation and optimisation. Legal basis: Art. 6(1)(a) GDPR (consent). You can unsubscribe at any time via the link in the newsletter or by email.

Tracking pixels

We may use tracking pixels (web beacons) on our website or in our emails. Tracking pixels can capture information similar to log files and, in addition, can record movement profiles across an entire session. Legal basis: Art. 6(1)(a) GDPR (consent). To prevent this, you can install browser extensions such as uBlock Origin and block external graphics in your email programme.

Services used

We use the following services:

• Wix eCommerce & Wix — website builder and e-commerce features (wix.com).
• Sentry — error and performance monitoring of web applications (sentry.io).
• HubSpot — CRM and marketing and analytics features (hubspot.com).
• Google Cloud CDN — delivery of static content via a global content delivery network (cloud.google.com/cdn).
• PrivacyBee — service provided by PrivacyBee AG (Laupenstrasse 1, 3008 Bern) for generating and updating this privacy policy (privacybee.io). It processes IP address, browser type and version, operating system, and the date and time the privacy policy is accessed.

9. Does our privacy policy remain the same?

We reserve the right to adapt this privacy policy at any time to reflect changed legal or operational requirements. The current version published on this website applies.