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data protection

I. Privacy Policy

This data protection declaration informs you how BAUMARTNER SPORTS; hereinafter referred to as “we”, “us”, “our”, when using our websites, platforms, portals or mobile applications (hereinafter collectively “offer”) and in the context of cooperation with your personal facts, to whom we may pass your data on and what rights you have towards us with regard to the use of your data. In principle, it is possible to use the BAUMGARTNER SPORTS website without providing any personal data. However, if a data subject makes use of special company services via our website, processing of personal data could become necessary.

We may provide you with additional privacy notices when we deem it appropriate. Such additional privacy notices supplement this privacy notice and should be read in conjunction with it.

We always process your personal data in accordance with the applicable data protection regulations (including the Swiss Data Protection Act, "DSG" and, if applicable, the EU General Data Protection Regulation, "GDPR"; hereinafter jointly applicable "Data Protection Law").

"Personal data" is any information that relates to an identified or identifiable natural person, if protected by the DSG, legal person. For example, this can be your first name, surname, postal address, e-mail address, date of birth, telephone number and data on the use of our website. The wording “your data” is used for this in the data protection regulations. In principle, no personal data represents information that cannot be directly or indirectly linked to your person, i.e. not to your identity.

"Processing" is any process performed with or without the help of automated processes or any such process series in connection with personal data such as collecting, recording, organizing, organizing, storing, adapting and/or changing, reading out, querying, using, disclosing by transmission, distribution or any other form of making available, matching or linking, restricting, deleting or destroying your data.

Third-party websites that can be reached via our website and offers provide information about their data processing in their own data protection declarations. We assume no responsibility or liability for data protection compliance by third parties and recommend that you consult the data protection declarations of these third-party websites.

II. Responsibility for processing

BAUMGARTNER SPORTS is responsible for processing your data that is collected, received or processed for purposes other than those defined in this data protection declaration as part of our offers or cooperation with you.

III. Collection and processing of personal data

Your data is collected directly from you or we receive it from third parties, such as companies affiliated with us, authorities, consultants, our service providers or from publicly accessible sources.

We primarily process the personal data that we receive from our customers and other business partners as part of our business relationship with them and other people involved, or that we collect from their users when operating our website, apps and any other applications. In the  rule we receive the personal data by message via the contact form on the website and the IP address of the user is saved.

Insofar as this is permitted, we also take certain data from publicly accessible sources (e.g. land registers, debt collection registers, commercial registers, press, Internet) or receive such data from other companies, authorities or other third parties. In addition to the data you give us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and judicial proceedings, information in connection with your professional functions and activities, information about correspondence and meetings with third parties, creditworthiness information (insofar as we deal with you personally), information about you that people from your environment (family, consultants, legal representatives, etc.) give us so that we can enter into contracts conclude or process with you or with your involvement (e.g. powers of attorney, information from banks, insurance companies, other contractual partners, information about you from the media and the Internet), your addresses and any interests and other socio-demographic data (for marketing), Data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring websites, location information) .

IV. Definitions

The data protection declaration of BAUMAGRTNER SPORTS is based on the terms used by the European legislator for directives and regulations when the data protection regulation (DSGVO) was issued.

V. Purpose and legal basis of data processing

We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular in the context of player brokerage, and to comply with our legal obligations at home and abroad. If you work for such a business partner or customer, your personal data may also be affected in this function.

Furthermore, we process personal data of you and other persons, as far as permitted and it seems appropriate to us, also for the following purposes, in which we (and also third parties) have a legitimate interest corresponding to the purpose:

  • Offer and further development of our offers, services and websites, apps and other platforms on which we are present;

  • Communicating with third parties and processing their inquiries (e.g. applications, media inquiries, etc.);

  • Assertion of legal claims and defense in connection with legal disputes and governmental proceedings;

  • Prevention and investigation of criminal offenses and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);

  • warranties of our company, websites, apps and other platforms;

  • Protection of domiciliary rights and other measures for IT building and system security and protection of our employees and other persons and values belonging to or entrusted to us (e.g. network and mail scanners, etc.);

  • Purchase and sale of business areas, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and insofar as compliance with legal and regulatory obligations as well as internal regulations of BAUMGARTNER SPORTS.
     

If you have given us your consent to process your personal data for specific purposes (e.g. when you register to receive newsletters or carry out background checks), we will process your personal data within the framework of and based on this consent, unless we have another legal basis and we need one. A given consent can be revoked at any time, but this has no effect on data processing that has already taken place.

VI. Technologies related to the use of our website

a) Cookies

We use cookies and comparable technologies on our website, with which your browser can be identified. A cookie is a small file that is sent to or stored on your computer or mobile device when you visit our website. This allows us to recognize you when you visit our website again. Most browsers are set to accept cookies.

B) Plugins

We also use so-called plug-ins from social networks such as Facebook, Twitter, YouTube, Instagram, etc. on our website. You can see this from the corresponding symbols. The processing of your personal data is the responsibility of the respective operator of the website according to their data protection regulations. We do not receive any information about you from him.

VII. Data transmission and transfer abroad

In the context of our business activities and the purposes according to V., we also make known to third parties, as far as permitted and it seems appropriate to us, either because they process them for us or because they want to use them for their own purposes. In particular, this concerns the following positions:

  • Our service providers (within BAUMGARTNER SPORTS and externally, such as banks, insurance companies), including processors (such as IT providers);

  • dealers, suppliers, subcontractors and other business partners;

  • Customers;

  • domestic and foreign authorities, official offices or courts;

  • Media;

  • the public, including website and social media visitors;

  • Competitors, industry organizations, associations, organizations and other bodies;

  • Acquirers or those interested in acquiring business areas, companies or other parts of BAUMAGRTNER SPORTS;

  • Other parties in potential or actual legal proceedings;

  • Other BAUMAGRTNER SPORTS companies.

 

(all together: receiver)

 

Some of these recipients are domestic, but in principle they can be anywhere on earth. In particular, you must expect your data to be transmitted to all countries in which BAUMGARTNER SPORTS is represented by group companies, branches or other offices, as well as to other countries in Europe and the USA, where the service providers we use are located.

If a recipient is located in a country without adequate legal data protection, we contractually oblige this recipient to comply with the applicable data protection (according to:https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj) insofar as it is not already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exception provision. An exception may apply in the case of legal proceedings abroad, but also in cases of overriding public interest or if a contract requires such disclosure, if you have given your consent or if it concerns data that you have made generally accessible and whose processing you have not objected to.

VIII. Location of Data

Personal data may be maintained, processed and stored in particular in the United States, Ireland, South Korea, Taiwan, Israel and to the extent required for the proper provision of our services and/or required by law in other jurisdictions.

IX. Duration of storage of personal data

We process and store your personal data for as long as it is necessary to fulfill our contractual and legal purposes or other purposes pursued with the processing as well as the contractual obligations towards you, i.e. for the duration of the entire business relationship and beyond in accordance with the statutory retention periods - and documentation requirements. It is possible that personal data will be stored for the time in which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this. As soon as your personal data are no longer required for the above purposes, they will be deleted or made anonymous as far as possible. In principle, shorter retention periods of twelve months or less apply to operational data. This is to resolve disputes and enforce our agreements where necessary.

X. Data Security

The hosting service for our digital assets provides us with the respective online platform through which we can offer our services to you. Your data may be stored through our hosting provider's data storage, databases and general applications.

XI. Obligation to provide personal data

As part of our business relationship, the personal data required to establish and conduct a business relationship and to fulfill the associated contractual obligations must be provided (as a rule, you do not have a legal obligation to provide us with data). Without this data, we are not usually able to enter into, or perform, a contract with you (or the entity or person you represent). The website cannot be used either if certain information to ensure data traffic (such as IP address) is not disclosed.

XII. Profiling and automated decision-making

In principle, we do not use fully automated and automatic decision-making (as regulated in Art. 22 GDPR) to establish and implement the business relationship or otherwise. If we use such procedures in individual cases, we will inform you separately if this is required by law and inform you about the associated rights.

XIII. rights of the data subject

Within the framework of the data protection law applicable to you and to the extent provided for therein (as in the GDPR), you have the right to information, correction, deletion, the right to restriction of data processing and otherwise the right to object to our data processing and to the release of certain personal data for the purpose of transmission to a other place. We ask you to note that we reserve the right to assert the statutory restrictions on our part, namely if we are obliged to store or process certain data, have an overriding interest in this (to the extent that we can invoke this) or you for the assertion of claims need. If you should incur any costs, we will inform you in advance. We have already informed you that you wish to revoke your consent. Please note, however, that the exercise of these rights can conflict with contractual agreements and this can have consequences, such as premature termination of the contract or cost consequences. In this case, we will inform you in advance where this has not already been contractually regulated.

Exercising these rights requires that you clearly prove your identity by means of copies of your ID or other documents that clearly show your identity. If you need to get in touch with us, you can contact us at the address below: BAUMGARTNER SPORTS, Alpenstrasse 1, CH-6300 Zug.

Each data subject also has the right to assert their claims in court or to lodge a complaint with the competent data protection authority. The competent authority in Switzerland is the Federal Data Protection and Information Commissioner.

XIV. Changes

This data protection declaration can be adjusted by us at any time and without prior notice. The current version published on our website always applies. If the privacy policy is part of an agreement with you, we will notify you of the change by email or other appropriate means in the event of an update.

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