OPENCLIMB/CACH GmbH has developed this Privacy Policy in line with the requirements of the GDPR, the new data protection law from May 25, 2018 to explain how we collect, retain, process, share and transfer your personal data when you visit our site and use our services and does not apply to online websites or services that we do not own or control.

What personal data do we collect?

When you provide us with personally identifiable information through this website, we respect your privacy.  We will only use the personal information you provide when you fill in appropriate sections of our website to administer your account and to provide the products you have requested from us.  By providing information like your name, email address, postal address and telephone number you agree to us contacting you with regards to the information you have requested.

Subscribing to our website:  You are opting in to our mailing list and your personal information will be used solely by us to send you information about new courses, our news and other updates.

What do we do with your information?

Your information will enable us to process and supply the courses or services you have requested.  It will also enable us to process payment and to contact you were necessary concerning your orders and requests.

In particular, we use your information to notify you occasionally about important changes or developments to the website or our courses and services.

Where you have consented, as in the above literature we might also use your information to let you know by email, about other courses and services which we offer which may be of interest to you.  We also might contact you for your views on our courses and services.

It is your right if you change your mind about being contacted to notify us.

We may also use aggregate information and statistics including “Cookies” for the purpose of monitoring website usage in-order to help us develop the website and our services and may provide such aggregate information to third parties.  These statistics will not include any data that cane used to identify any individual. If, at some time in the future, we wish to use your personal data in ways other than those out in this private notice, then we will notify you about this and seek your permission to do so.

Disclosure of personal data

We do not sell, share or disclose your personal data to any third party for marketing purposes.

From time to time we may use other companies and individuals to provide services to us, such as for example processing credit card payments, bank transfers.  These companies will be provided and have access to the personal data needed to perform their functions and not for any other purposes.  They must process such data in accordance with this privacy notice and the GDPR.

We may disclose your personal data to any third party if we believe in good faith that such disclosure is necessary to (a) comply with the law or legal process (b) prevent fraud (c) protect the rights and property of Openclimb/CACH GmbH. (d) to enforce our conditions of use or (e) protect against misuse or unauthorised use of website.

If, in future, a third party acquires Openclimb/CACH GmbH or substantially all of its assets (whether merger, acquisition, organisation or otherwise) customer data, including personal information, may well be one of the transferred assets.

Storing and retaining data

We will retain your personal data for as long as it is necessary for the required service to be provided to you.  All retained personal data is subject to the controls of our internal data protection policy.

If your account is closed, we may take steps to mask personal data and other information, but we reserve our ability to retain and access the data for so long as required to comply with applicable laws.  We will continue to use and disclose such personal data in accordance with this privacy policy.

Security

We take security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at webmaster@openclimb.aero.

Change to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Questions or complaints

By submitting your personal data you consent to the use of that data as set out in this policy.  If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at webmaster@openclimb.aero or by mail at Openclimb/CACH GmbH, Zürcherstrasse 2, 8640 Rapperswil, Switzerland

SECURITY

When you visit and book a course on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, telephone number, course selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”). We may collect this information even if you do not register with us.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the webmasters office. We use your information only for the following purposes:

  • Processing your booked course;
  • For statistical or survey purposes to improve this Website and its services to you;
  • To serve website content and advertisements to you;
  • To administer this website;

If you consent, to notify you of courses or special offers that may be of interest to you. You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

You should be aware that if we are requested by any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.

We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time – if you do not accept Cookies you will be unable to use this Website.

Please check back frequently to see any updates or changes to our privacy policy.

INTELLECTUAL PROPERTY AND RIGHT TO USE

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

COMPLIANCE WITH LAWS

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website

LIMITATION OF LIABILITY

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the courses. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
  • Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Openclimb/CACH GmbH and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.

Law

The Conditions shall be governed by and construed in accordance with the laws of the Territory and you irrevocably submit to the exclusive jurisdiction of the courts of Switzerland/ Kanton St.Gallen.