Terms of use for the Skioo mobile App

These conditions define your rights and obligations as a user of the App.

Their acceptance is needed to use the application. Once read, if you continue using the App, we will assume that you agree to them.

1. App purpose

This App, property of Skioo SA, promotes skiing in many resorts worldwide compatible with Skioo Pass by providing information in real time and maps of those ski resorts, and is compatible with Skitude's monitoring and social gamification platform.

If you grant your consent, you can receive instant messages and advertising regarding skiing and mountain activities in general.

2. Sponsorship of the application

Please note that it is possible that the application may be sponsored by one or more commercial brands. If this is not the case, the owner reserves the right to incorporate them at a later date, without prejudice to any of the parties.

3. Protection of personal data and privacy

If the owner of the application requires the use of personal data, the data will be processed by Skioo SA (Established in Switzerland) to provide the requested services and to send advertising by any means, including electronic. To exercise your rights of access, rectification, erasure, cancellation, opposition, transferability and restriction you can contact Skioo SA or by sending an email to ops@skioo.com with the subject “GDPR”.  In addition, we inform you that the data protection regulations recognise your right to file a claim with the competent control authority.

As data protection regulations give users the right to file a complaint with the data protection authorities, we hereby inform you that:

• Claims related to Skioo SA must be filed with the competent control authority in Switzerland.

• Claims related to Skitude functions for which SKITUDE HOLDING AS is responsible should be filed with the control authority of the European General Data Protection Regulation (GDPR).

3.1 Information that the app collects

The information that the app collects, both directly and indirectly, is detailed below:

3.1.1 Account, profile, activity and use information

The app, which is linked to the Skitude service, collects basic information like your name, surname, username, email address, password, date of birth, gender and country. This information helps us personalise and secure the service of the app.

The contact information collected is used to allow us to respond to your requests for technical assistance, and your comments.

Profile, activity and use information is also collected when a run or photo is tracked (including date, time, and geolocation information, as well as its statistics), when you participate in a challenge, when you look at the activities of other people or when you use Skitude’s services in any other way.

3.1.2 Location information

We use geolocation for a better contextualization of the information. The App explicitly asks you if you would like to share your location.To disable geolocation for this App, you can do so in your device settings.

3.1.3 Information and content that you share

The social and recreational (gaming) component of the Skitude platform entails the sharing of certain profile information that will be visible to other platform users (including your name, avatar, runs, position rankings, etc.) and visible in general to all Internet users and search engines that may collect information from Skitude. You should be aware that once posted on the Internet, it is difficult to maintain control of your information, so we recommend you do not share sensitive information, or information that you would prefer to keep private, on the platform.

You can choose to share your profile information with persons with whom you connect via Skitude, or even with all platform users. You can choose or you can have your profile and your activity private, or you can share it with all the users on the platform. If you prefer, you can keep your profile information private, so it is not accessible to other users.

3.1.4 Payment information

ach time you make a payment through the app, and you provide information such as your card number or other payment details, services that meet industry requirements are used, and the app does not store information about your card or your transactions.

3.1.5 Third party accounts

This App includes some features belonging to Skitude, and to other platforms such as Facebook ('Login with Facebook' function, etc). These platforms provide the ability to generate, send and store their own content through the App, always with a previous registration and acceptance of the conditions of use for each platform. More information about Skitude's Terms of Use and data protection policies can be found at http://www.skitude.com/en/terms-and-conditions.

3.1.6 Accessing data from your device, cookies and local storage, analytics

This App can use the device's location and its photo/video and other media capturing features. Furthermore, the application collects and sends usage data analytics through cookies and other local storage devices. The use of the application involves accepting the use of these mechanisms and treatment of data derived under these conditions.

We use Universal Google Analytics to collect anonymous information in order to diagnose and analyze the use of the App. Using this app implies acceptance of the Privacy Policy of Universal Google Analytics: http://www.google.es/analytics/terms/.

3.1.7 App notifications

When you allow the app to send you notifications, you authorise the receipt of this type of commercial information. If you do not agree, you can set your device to prevent any App notifications.

3.1.8 Other information

The app may obtain more information about you from third parties, such as when we collect comments through surveys or when other users click ‘I like it’ on your activity.

3.2 Use of the information

The way in which the information that the application collects is used is detailed below:

3.2.1 Provision of services

The required information is used to provide the services that allow you to make use of the app, track your activity, review your performance, interact with other users, participate in challenges, buy products, etc.

3.2.2 Improvement of services

All the information obtained by the app is used analytically to understand how you use the app and therefore develop improvements and corrections, and incorporate services, to offer you a better experience.

3.2.3 Personalise your experience and our communication with you

The information that the app collects is used to be able to offer you a more personalised experience, for example, to suggest challenges, or provide information about the status of the resort when you arrive.

3.2.4 Subscriptions

We use the information that we collect to process your subscription.

3.2.5 Aggregated information

If your information is used, sold, licensed or shared, it is exclusively processed in an aggregated, accumulated and de-personalized manner. Your personal information is never sold.

3.3 Sharing information

In addition to the situation described in point 3.3.4 regarding aggregated information, your data can be shared in order to offer you services, for legal reasons, and for business purposes.

3.3.1 Public information

This app includes a social network, Skitude. You profile information, which is hidden by default, may be public within the community on Skitude. At any time, you will be able to manage your visibility, both in terms of your own profile, and the activity generated by the configuration of your profile.

3.3.2 Legal requirements

We will be able to store and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, inside or outside of your country of residence, if we determine that its disclosure is permitted by law or is reasonably necessary in order to comply with the law, or to respond to judicial orders, guarantees, citations or other legal or regulatory processes.

4. Disclaimer

Geographical information accuracy: Geographic information is indicative and common sense should always prevail in situations of real danger. Likewise, for technical reasons, sometime applications cannot display updated information. Therefore, the owner of the application disclaims all liability arising from any of these circumstances.

5. GPS navigation service with audio guide

This application can include the GPS navigation service with audio guide for skiers specially designed to be used on the resort's slopes in order to improve the user experience and safety.

This online service through the App is provided by Skitude according to the track maps provided by the participating ski resorts.

Although every attempt is made to ensure that all details are accurate, please bear in mind that errors or inaccuracies may occur. Always compare navigation instructions with the resort's signage, which, in event of any contradictory information, should be the instruction that should be followed.

By using this functionality you exempt Skitude, the ski resorts, as well as the application developer from any liability that may arise from errors or inaccuracies in the data.

6. Promotions or coupons system

This application may include a promotions or coupons service. The management and validation of the promotions or coupons is carried out by the owner of the ski resort or establishment, or by Skitude, through the technology developed by Skitude. This service will be open in some cases. In others, it may require prior registration.

7. Correct use of the service

As a user, you oblige yourself to make a proper, diligent and lawful use of our services meaning that, amongst other:

• You will use the services for the purpose for which they are intended, and that you will refrain from any use of the App and/or its contents that is contrary to law, public order, morality or generally accepted habits; therefore, you may not host, store, disclose, publish, distribute or share any material or information that is unlawful, racist, obscene, pornographic, abusive, libelous, deceptive, fraudulent nor use the service to defame, intimidate, threaten or violate the image or harass other users.
• The owner of the application is not liable for the contents and images published by its users even if some content that is not likely to be published is identified, the owner of the application reserves the right to remove these contents when it becomes aware of it.

8. Open source libraries

Our apps rely on the following open sources libraries:

9. Modification of the general conditions of use

The owner reserves the right to modify these Terms of Use at any time, as well as the features available in its Apps. The owner of the application will announce these changes through the medium deemed most appropriate.

10. Applicable Law and Jurisdiction

The present Terms, as well as the relations between Skioo SA and the users will be governed by the regulations of Switzerland except in the case of consumer rights in which the jurisdiction of the courts in the consumer's place of residence will apply.

Also, as this App includes Skitude functions, we hereby inform you that the relations between Skitude and the users are governed by the following Terms of Use: http://www.skitude.com/en/terms-and-conditions. In the case of consumer rights, the mandatory jurisdiction of the courts that correspond to the domicile of the consumer will be applied.

11. Date of the conditions

25/11/2020