With this Privacy Policy we, the Tivia Tennisschule Zürich (hereinafter we or us), describe how we collect and further process personal data. This Privacy Policy is not necessarily a comprehensive description of our data processing. It is possible that other Privacy Policies (or General Terms and Conditions, Conditions of Participation or similar documents) are applicable to specific circumstances.
The term "personal data" in this Privacy Policy shall mean any information that identifies, or could reasonably be used to identify any person.
If you provide us with personal data of other persons (such as family members), please make sure the respective persons are aware of this Privacy Policy and only provide us with their data if you are allowed to do so and such personal data is correct.
This Privacy Policy is aligned with the EU General Data Protection Regulation ("GDPR"), the Swiss Data Protection Act ("DPA") and the revised Swiss Data Protection Act ("revDPA"). However, the application of these laws depends on each individual case.
1. Controller
The "controller" of data processing as described in this Privacy Policy (i.e. the responsible person) is Tivia Tennisschule Zürich, unless we have informed you differently in certain cases. You can notify us of any data protection-related concerns using the following contact details:
- Tivia Tennisschule Zürich (Fabian Schaich and Zeno Schaich)
- Im Eisernen Zeit 12
- CH-8057 Zurich
- Switzerland
- info@tivia-tennisschule.ch
2. Collection and Processing of Personal Data
We primarily process personal data that we obtain from our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our website.
Apart from data you provided to us directly, the categories of data we receive about you include data in connection with your use of our website (e.g., IP address, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, features used, referring website).
3. Purpose of Data Processing and Legal Grounds
We primarily use collected data in order to conclude and process contracts with our clients and business partners, in particular in connection with the provision of tennis instruction and the use of our website, as well as in order to comply with our legal obligations. You may be affected by our data processing in your capacity as an employee of such a client or business partner.
In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties') legitimate interest, such as:
- providing and developing our products, services and our website;
- communication with third parties and processing of their requests (e.g., job applications);
- review and optimisation of procedures regarding needs assessment for the purpose of direct customer approach;
- advertisement and marketing (including organising events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
- market and opinion research;
- asserting legal claims and defence in legal disputes and official proceedings;
- ensuring our operation, including our IT and our website;
If you have given us your consent to process your personal data for certain purposes (e.g. when registering to receive newsletters), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.
4. Cookies / Tracking and Other Techniques Regarding the Use of our Website
We typically use "cookies" and similar techniques on our website, which allow for an identification of your browser or device. A cookie is a small text file that is sent to your computer and automatically saved by the web browser on your computer or mobile device, when you visit our website. If you revisit our website, we may recognise you, even if we do not know your identity. Besides cookies that are only used during a session and deleted after your visit to the website ("session cookies"), we may use cookies in order to save user configurations and other information for a certain time period (e.g., two years) ("permanent cookies"). Notwithstanding the foregoing, you may configure your browser settings in a way that it rejects cookies, only saves them for one session or deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies for the purpose of saving user configuration (e.g., appearance settings, automated log-in) and in order to understand how you use our services and content. Certain cookies are sent to you from us, others from business partners with which we collaborate. If you block cookies, it is possible that certain functions are no longer available to you.
In accordance with applicable law, we may include visible and invisible image files in our newsletters and other marketing emails. If such image files are retrieved from our servers, we can determine whether and when you have opened the email, so that we can measure and better understand how you use our offers and customize them. You may disable this in your email programme.
By using our website and consenting to the receipt of newsletters and other marketing emails you agree to our use of such techniques. If you object, you must configure your browser or email programme accordingly.
We may use Google Analytics or similar services on our website. These are services provided by third parties, which may be located in any country worldwide (in the case of Google Analytics Google LLC, located in the United States, www.google.com) and which allow us to measure and evaluate the use of our website (on an anonymised basis). For this purpose, permanent cookies are used, which are set by the service provider. Although we do not provide the service provider with any personal data and do not store IP addresses, it cannot be excluded that the service provider may be able to draw conclusions about visitors based on the data collected, combine such data with information from other websites, create usage profiles and use this information for its own purposes (e.g. for advertising or analytics). If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your personal data by the service provider will be conducted in accordance with its data protection regulations. The service provider only provides us with data on the use of the respective website (but not any personal information of you).
5. Data Transfer and Transfer of Data Abroad
In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or because we are legally obliged to disclose them. In particular, the following categories of recipients may be concerned:
- our service providers, including processors (such as e.g. IT providers);
- dealers, suppliers, and other business partners;
- clients;
- domestic and foreign authorities or courts;
- other parties in possible or pending legal proceedings;
together, Recipients.
Certain Recipients may be within Switzerland but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to other countries in Europe and the USA where our service providers are located (such as Stripe, Mailcoach).
If a recipient is located in a country without adequate statutory data protection, we require the recipient to undertake to comply with data protection, unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless we cannot rely on an exception. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected against the processing.
6. Retention Periods for your Personal Data
We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymised, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).
7. Data Security
We have taken appropriate technical and organisational security measures to protect your personal data from unauthorized access and misuse such as IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions as well as pseudonymisation.
8. Obligation to Provide Personal Data to Us
In the context of our business relationship you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).
9. Profiling and Automated Individual Decision-Making
We may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In particular, profiling allows us to inform and advise you about products possibly relevant for you more accurately. For this purpose, we may use evaluation tools that enable us to communicate with you and market to you as required, including market and opinion research.
10. Your Rights
In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing in addition to the right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 1 above.
In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
11. Amendments
We may amend this Privacy Policy at any time without prior notice. The current version published on our website shall apply. If the Privacy Policy is part of an agreement with you, we will notify you by email or other appropriate means in case of an amendment.