Terms of participation and grant of rights

1.) Organiser: The Trailhero application and program is organised and conducted by Oberalp S.p.A., with its registered seat in 39100 Bolzano (BZ), Waltraud Gebert Deeg Street n. 4, VAT number 00122250210 (henceforth: the “Organiser”).

 

2.) Rules of the contest: In order to apply for the Trailhero program, the participant needs to have a minimum age of 18 years, needs to indicate a valid postal address and must legally reside in his/her country of residence. In order to apply for the Trailhero program, the participant is not required to purchase goods and/or services offered by the Organiser. The application is free of charge for the participant. Only persons legally residing (place of residence) in Austria, Czech Republic, France, Germany, Hungary, Italy, Norway, Poland, Slovakia, Slovenia, Spain,Switzerland and the USA shall be entitled to apply for the Trailhero program. The participant is not allowed to use multiple email addresses, i.e. to submit more than one application, to increase his/her chances of being chosen. In case of violation of this prohibition, the Organiser has the right to exclude the participant altogether from the application, the selection process and ultimately also from the Trailhero program. In addition, also in case of any other violation of these terms of participation by the participant or in case of an attempt of technical manipulation by the participant, the Organiser may exclude the participant from the application process, the selection process and ultimately also from the Trailhero program. The participant himself is responsible for the correctness of the contact data provided. In the event of impossible or incorrect treatment of the application due to incorrect data, the application will be disregarded and not accepted by the Organiser. This application is unrelated to Facebook and Instagram and is not sponsored, supported or organized by Facebook Inc. in any way. The data provided by the participant will be collected and processed by the Organiser. The data provided by the participant will only be used in accordance with the statement on the processing of personal data made available and known by the participant. Questions, suggestions and complaints should be directed exclusively to the Organiser.

 

3.) Execution of the application process: The application will be open from February 16th until April 11th (23:59:59) 2021. Applications can only be submitted via the dedicated Trailhero landingpage on Dynafit.com and the respective registration page hosted by the external service provider All-campaigns. No other application forms will be accepted. In order to participate the applicant needs to submit his/her personal data in the dedicated application form. Furthermore, the applicant needs to submit a motivational letter (maximum length of 140 words) containing his/her motivation to apply for the program. The motivation letter must be inserted directly into the application form. In addition, a trail running photo as well as a portrait photo of the applicant needs to be submitted and must be in .jpg, .png. or .pdf format. The application form, the motivational letter and the two photos shall henceforth be jointly referred to as “Application”. The submitted Application is only valid for the 2021 Trailhero program, for all following programs a new application must be provided. After the application process has been closed, all eligible Applications will be distributed to the respective Dynafit Country Marketing Managers. The selection of the Trailheroes is made directly by the Dynafit Country Market Manager of the respective country. Aspects such as Social Media reach, athletic background, motivation and/or sponsorship deals or similar contracts with competitors of the Organiser will be taken into account during the selection process, but ultimately, the decision shall be based solely on the professional and discretionary judgement of the Dynafit Country Market Manager and no recourse or appeal shall be possible against said discretionary decision. Furthermore, the number of trailheroes chosen for each country/region is not defined in advance and is at the Country Manager’s discretion. An applicant is only allowed to submit one Application per year, but may submit a new application in subsequent years, if and when the Organiser decides to start a new application process. The selected applicants will be notified and contacted by the Organiser via e-mail  until April 26th after the application period has ended. If the Organiser decides to move that notification date to a later point it will be communicated on the dedicated Trailhero landingpage. The participant must confirm the participation at the Trailhero program subsequently via e-mail. If no confirmation is received within 14 days, the selection shall be deemed as forfeited and the Organiser shall be entitled to choose another participant or, upon its free decision, accept a belated confirmation by the applicant. Upon accepting his/her selection, the participant shall be considered as a “Trailhero”. The winners will be asked to provide to the Organiser a valid identity document (e.g. ID card or passport) in order to prove their identity.

 

4.) Trailhero – Benefits and duration: A trailhero is deemed to be a person active in the sport of trail running, whose athletic interests align with the values and the image of the brand “Dynafit”. A Trailhero shall be deemed to be an ambassador for the brand “Dynafit” and, thus, shall receive Dynafit-branded products (clothing, shoes, accessories) free of charge as well as bibs/entries for trailrunning competitions/events (collectively referred to as “Benefits”). The decision regarding the exact amount and value of the Benefits to be provided to the Trailhero lies solely with the Dynafit Country Manager and depends on individual agreements between each Trailhero and the Dynafit Country Manager. The Trailhero is not entitled to claim or insist on receiving any Benefits. The participation in the Trailhero program shall have a regular duration of one year starting from the day on which the selection has been accepted by the Trailhero. Upon completion of the program, the Trailhero shall be entitled to retain all clothing, shoes and accessories received by the Organiser. The Trailhero shall use his/her best endeavours to make himself/herself regularly available to the Organiser for promotional purposes, such as interviews, magazine or calendar shoots or similar and shall produce regular content regarding his trailrunning activities on his/her website/blog and/or social media accounts, thereby featuring prominently the brand “Dynafit”. The Trailhero shall remain independent and not be regarded as an employee or agent or representative of the Organiser. The relationship between the Trailhero and the Organiser shall be confined to what has been established in these terms of participation.

 

5.) Exclusions: Legal representatives and/or employees, of the Organiser as well as all persons involved in the creation and implementation of the program and the family members of all aforementioned persons as well as athletes sponsored by the Organiser are excluded from participating in the Trailhero program.

 

6.) Limitation of liability: The Organiser is not liable, except for cases of gross negligence or wilful intent on the side of the Organiser, for technical or other problems, which are outside the sphere of its influence. The Organiser does not warrant, that the specific website created by the Organiser for the execution of the contest will be constantly available and shall not be liable, except for cases of gross negligence or wilful intent on the side of the Organiser, for any interruptions or crashes of the website caused by whatever reasons.

 

7.) Publicity and advertisement: The contest will be advertised on the Organiser’s websites and on its social media accounts as well as through the Organiser’s newsletters.

 

8.) Grant of rights and warranties by the Participant: By submitting an Application, the participant grants the Organiser: a. In case of his/her selection as Trailhero: i) Permission for his/her Application or parts thereof to be published on the Organiser’s websites and social media accounts (instagram, facebook, twitter, youtube) owned/managed by the Organiser. Regarding the application form, the publications will be limited to the name, the country of residence and the social media channels of the Trailhero. Furthermore, by accepting these terms of participation, the Trailhero gives his/her explicit consent that the Organiser may send the Application, within the limits provided for in this paragraph, to its media partners for publication on their websites, social media accounts and/or offline media. The Trailhero grants the Organiser a non-exclusive, irrevocable, royalty-free, worldwide, perpetual licence (with a right to sub-license) to use, republish, edit and/or modify his/her entered photo and/or the motivational letter in any/all media (including in electronic format, hard copy and in Organiser’s publications) for purposes connected to the application. ii) Furthermore, the Trailhero hereby grants the Organiser the worldwide, irrevocable and perpetual right to photograph, film, videotape, or otherwise obtain an image of the Trailhero by any means (e.g. during photoshoots organised by the Organiser) as well as to record and use testimonials by the Trailhero for any business purpose of the Organiser, including for advertising and marketing purposes. All works produced pursuant to this paragraph shall be the property of the Organiser and all right, title and interest shall automatically vest in the Organiser. In addition, to the extent, if any, that such right, title and interest do not automatically vest in the Organiser, the Trailhero hereby irrevocably assigns, conveys and otherwise transfers to the Organiser with the right to grant sublicenses all rights in such works to the utmost extent permitted by law without having the right to claim or receive any compensation in this regard. In the event the Trailhero has any right(s) that under applicable law cannot be assigned, the Trailhero further agrees to waive enforcement worldwide of such right(s) against the Organiser or, if necessary, to grant the Organiser an exclusive, royalty-free license to all such right(s) worldwide, with the right to sublicense, also in this case without having the right to claim or receive any compensation in this regard.; and b. The right to use his/her name, e-mail address and address of residence for the sole purpose of identifying him/her as the author of his/her application. To the extent permitted by law, the participant waives all rights, including moral rights in his/her Application. Notwithstanding the aforementioned waiver, in order to use Applications as intended and advised in these terms of participation, the Organiser may need to modify photos, including but not limited to resizing, cropping or colour adjustment as necessary, provided that the Organiser shall endeavour in undertaking such modifications to maintain the integrity of the entry as originally created; and (ii) the Organiser shall provide a photo credit for all entries. The Application must be the participant’s own work, must not be copied, must not contain any third-party materials and/or content that the participant does not have permission to use, must not include any trademarks, and must not show inappropriate or dangerous behaviour, or otherwise be obscene, defamatory, distasteful, offensive, or in breach of any applicable law or regulation, or in breach of any confidentiality obligations owed by the participant to third parties. The participant warrants to own all copyright in his/her Application. If the Organiser has reason to believe that the participant’s Application is not his/her own work, the Organiser may exclude the participant from the selection process and ultimately also from the program. The participant confirms and warrants that each individual whose image is featured in the Application has given consent for the use of his/her image in connection with this Application and in accordance with these terms of participation. Where an individual whose image is featured in an Application is aged less than 18 years, the participant confirms and warrants that the parent or guardian of that individual has given the consent for the use of the image for the purpose of this Application and in accordance with these terms of participation. The participant shall be liable towards the Organiser for any claims brought by any third party in relation to the copyright in the Application and/or the right to use the image of said third party and shall hold the Organiser fully harmless.

 

9.) Final provisions: By applying for the Trailhero program, the participant fully accepts these terms of participation. The application process shall be governed by the laws of Italy. Any disputes regarding the application for and the execution of the Trailhero program shall be referred to the exclusive jurisdiction of the courts of Bolzano (Italy). If the participant falls within the definition of a “consumer” pursuant to Legislative Decree n. 206/05 and is domiciled within an EU-Member State, the Customer may also initiate proceedings before the competent court of the EU-country in which he/she lives. These terms of participation represent the entire and final regulations for the application program. Should individual provisions of these conditions of participation be or become invalid, the validity of the remaining terms of participation shall remain unaffected.

Statement on the Processing of Personal Data


pursuant to Article 13 of EU Regulation 2016/679 “GDPR”
As the controller for the processing of personal data within the meaning of EU Regulation 2016/679 "General Data Protection Regulation", Ober Alp S.p.A. hereby informs on the following provisions for the protection of persons with regard to the processing of their personal data. The processing of personal data is subject to the principles of correctness, lawfulness, transparency as well as the protection of secrecy and the rights of the data subject. Personal data may only be collected, processed and used in accordance with the provisions of the aforementioned legislation and the confidentiality obligations contained therein.
1.) Data subjects
Data subjects are those persons who provide their data in the following manner to a company of the Oberalp group:
• by registering on the websites of the Oberalp Group (Brand – Salewa, Dynafit);
• by registering for and using different Oberalp S.p.A. services
• by purchasing goods through the websites of the Oberalp Group;
• by contacting (via telephone, fax, e-mail, etc.) the Consumer Care office of Ober Alp S.p.A.;
• by subscribing to the brand newsletters of the Oberalp Group through the websites;
• by registering for the outdoor events periodically organized by Ober Alp S.p.A. for its brands;
• by participating in online and offline competitions;
• by participating in online and offline competitions;
• by submitting an application for specific programs organised and managed by the Oberalp Group (e.g. brand-ambassador programs such as Trailhero);
• by making purchases during the sample sales periodically organized by the company. Part of the Oberalp Group are Ober Alp S.p.A, Oberalp Deutschland GmbH, Oberalp Austria GmbH, Salewa Sport AG, Salewa Polska, Salewa Czech and Slovakia SRO, Salewa France SARL, Salewa Iberica S.L. and Wild Country Ltd.

2.) Purposes of processing
The personal data provided will be processed for the following purposes:
a) Use of the services offered by the Oberalp Group - fulfilment of the purchase contracts concluded in the Online Store
The personal data of the data subjects are processed in order to enable those persons to use the services offered by the Oberalp Group and to fulfil and carry out the sales contracts concluded by the data subjects. In particular, the data will be processed for the following purposes:
• customer management;
• after-sale assistance;
• settlement of disputes;
• customer billing history;
• measurement of customer satisfaction;
• tax or other legal requirements.
The processing of personal data in connection with the above-mentioned purposes is necessary to ensure correct management of the business relationship and the provision of personal data is mandatory in order to fulfil and carry out the above-mentioned purposes. The personal data that must be disclosed by the data subject are marked with an asterisk.
If the data subject does not provide or provides incorrect and/or incomplete mandatory personal data, the controller cannot guarantee the performance of the service and/or the fulfilment of the contract.
The processing is carried out on the basis of Art. 6, para. 1, letter b) GDPR and, limited to compliance with tax and accounting legislation, on the basis of Art. 6, para. 1, letter c) GDPR.
The personal data processed for these purposes will be processed for a period necessary for the provision of the services offered by the Oberalp Group and/or for the fulfilment of the sales contract concluded with the data subject and thereafter for the duration provided for by law.
b) market studies and statistical purposes
For these purposes, the data are processed exclusively in anonymous form, meaning that an identification of the person concerned is no longer possible.
c) direct marketing
The personal data will also be processed, with the consent of the data subject (art. 6, par. 1, letter a) GDPR, for the following marketing purposes:
• sending the brand newsletter of the Oberalp Group (Salewa and Dynafit) and newsletters informing about sample sales events;
• sending periodic commercial communications regarding company products and services;
• promotional activities also related to the transmission of advertising and promotional material.
The provision of data for the above-mentioned purposes is not mandatory and the refusal by the data subject to consent to the processing for this purpose will have no negative impact on the business relationship with the data controller. The person concerned may revoke his/her consent at any time.
For the purposes of direct marketing, the data controller also processes and evaluates data regarding the data subject's purchase behaviour and the websites visited on the pages of the Oberalp Group in order to carry out a profiling of data subjects, which is used solely for sending personalised advertising material based on the interests of the data subject.
For the purposes of direct marketing, the personal data of the data subject are processed until consent is revoked. The personal data processed for the purposes of profiling, including data on purchase behaviour, are processed for the maximum time permitted by law.
d) Application, selection and execution of specific programs organised and managed by the Oberalp Group (e.g. brand-ambassador programs such as Trailhero)
The personal data will be processed in order to carry out the application and selection process regarding the specific program as well as its execution. The application, selection and execution of the program may include the transfer of personal data to media partners of the controller.
The processing of personal data in connection with the above-mentioned purposes is necessary to ensure the correct management of the relationship between the controller and the data subject and the provision of personal data is mandatory in order to fulfil and carry out the above-mentioned purposes. The personal data that must be disclosed by the data subject are marked with an asterisk.
If the data subject does not provide or provides incorrect and/or incomplete mandatory personal data, the controller cannot guarantee the fulfilment of the application and/or selection process as well as the execution of the program.
The processing is carried out on the basis of Art. 6, para. 1, letter b) GDPR and, with regard to the transfer of personal data to the media partner of the controller, also on the basis of Art. 6, para. 1, letter f). The legitimate interest of the controller consists in the publication of activities, including promotional activities, or achievements of the data subject as a brand ambassador of the controller.
The personal data processed for these purposes will be processed for a period necessary for carrying out the application and selection process as well as the execution of the program and thereafter for the maximum duration provided for by law.

3.) Method of processing
The personal data may be processed in the following ways:
• processing of data through completion of factsheets, coupons and questionnaires;
• processing by computer and automated means;
• manual processing through paper-based archives;
• processing of data collected by third parties;
• transfer to third parties for processing operations.
The data will always be processed in accordance with the principles set out in Art. 32 GDPR.

4.) Disclosure/Transfer
The personal data provided will be kept at the headquarters of the controller and will only be passed on to persons who are in a position to provide the necessary services for the correct handling of the business relationship with the data subject and the fulfilment of the contract, always under guarantee of the protection of the rights of the data subject.
The personal data provided will be processed only by personnel expressly authorized by the controller and specifically by the following categories of processors:
• Group Administration,
• Group IT,
• Group Brand&Marketing,
• Group Business Development,
• Group Logistics,
• Group Retail BU,
• Group Distribution BU
The personal data provided may be transferred to third parties solely for the purposes described above, and specifically to:
• forwarding agents, carriers, delivery services, mailing providers, logistics firms;
• consultants and professionals, in one-off disclosures or as part of a course of dealing;
• banks and credit institutions;
• providers of IT services;
The personal data provided by the data subject may be transferred within the Oberalp Group, namely to Italian and foreign companies of the Oberalp Group.
The personal data may be transferred and disclosed to public bodies, for example police or courts, only in cases permitted by law.
With regard to the purposes specified in letter d) of section 2., personal data may be transferred to media partner of the controller for online or offline publication and/or for pubblication on social media accounts of the media partner.

5.) Data Controller
The controller for the processing of personal data is Oberalp S.p.A. with offices at Via Waltraud Gebert Deeg, 39100 Bolzano (BZ), tel. +39 0471.242.900, e-mail: privacy@oberalp.com.

6.) Data Protection Officer
The Controller has nominated a data protection officer for the entire Oberalp Group., e-mail: privacy@oberalp.com, tel. +39 0471.242.900.

7.) Rights of the data subject
The person concerned has the right to obtain from the Data Controller access, communication, rectification, integration, updating, cancellation and portability of personal data concerning him/her, as well as the right to exercise in general all the rights provided for in chapter III of the GDPR, as indicated below:
Chapter III (Art. 12 - 23) GDPR
a. access to personal data (the data subject has the right to obtain information free of charge about the personal data held by the controller and processing of said personal data, as well as to obtain a copy in an accessible format);
b. rectification of data (Oberalp will correct or supplement incorrect or inaccurate data, including which has become incorrect or inaccurate due to a non-carried out update,, on the basis of a notice received by the data subject in this regard);
c. withdrawal of consent (if the processing is carried out on the basis of consent given by the data subject, the latter may withdraw consent at any time, without this, however, affecting the lawfulness of the processing provided before the withdrawal)
d. erasure of data (right to be forgotten) (the data subject may request, for example, erasure when the data are no longer necessary for the purposes for which they were collected or processed or when they have been processed unlawfully, when they have to be deleted in order to fulfil a legal obligation, when the data subject has withdrawn consent and there is no other legal basis for the processing, or when the data subject objects to the processing);
e. restriction of processing (the data subject may request this in certain cases: - where the accuracy of the data is contested, within the time necessary for verification; - where the lawfulness of processing is contested and the data subject opposes to erasure; - need to use the data for the data subject's rights of defence, while they are no longer useful for the purposes of processing; if there is opposition to processing, during the time the necessary verifications are carried out - the data will be stored in such a way as to be restored, but, in the meantime, they are not available for consultation by the controller except for the sole purpose to verify the validity of the data subject's request or its objections. 
f. objecting in whole or in part to the processing for legitimate interests (in certain circumstances the data subject may nevertheless object to the processing of his/her personal data, in particular, if the personal data are processed for purposes of direct marketing, the data subject has the right to object at any time to the processing, including profiling to the extent that it is related to such direct marketing. When personal data are processed for purposes of scientific or historical research or for statistical purposes, for reasons related to his particular situation, he has the right to object to the processing, unless the processing is necessary for the performance of a task carried out in the public interest;
g. data portability (if the processing is based on consent or on a contract and is carried out by automated means, upon request of the data subject, the latter will receive in a structured format, commonly used and machine-readable, the personal data concerning him and may transmit them to another controller, without hindrance by the controller to whom he provided them and, if technically feasible, may obtain that such transmission is made directly by the latter).
h. lodging a complaint with the supervisory authority (Garante per la protezione dei dati personali – Garante Privacy).
To exercise the rights indicated above, the person concerned may contact the controller by post or by e-mail at the addresses indicated.
This policy statement was last updated on 30/01/2020 and applies to your use of the website today, but may be updated from time to time, for organizational reasons or because the law changes: we suggest you visit our websites regularly to see the latest version.

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