Last updated: March 11th, 2021.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Application means the software program provided by the Company, including any new features and releases
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Veezoo AG, Technoparkstrasse 1, 8005 Zürich.
For the purpose of the applicable law, the Company is the Data Controller.
- Country refers to: Switzerland
- Data Controller, for the purposes of the applicable law (e.g. Swiss Federal Act on Data Protection “FADP* and/or General Data Protection Regulation “GDPR”), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
For the purposes of the applicable law, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
- Service refers to the Application or any other operation, systems, products and services provided by the Company.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the applicable law, Service Providers are considered Data Processors.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under the applicable law, You can be referred to as the Data Subject or as the User as you are the individual using the Service.
Collecting and Using Your Personal Data
Types of Personal Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to: Email address, first name and last name, employer, title, phone number, physical address, user names, passwords and similar contact info, payment and financial information, credit card number, banking information and billing address.
We may receive your personal information from third party suppliers or partners. If you connect your Account on third party social networking sites, we may receive information about your social networking accounts, for example, your name, user name or display name, public profile and email address.
Usage Data is collected automatically when using our Service. Usage Data may include, but is not limited to: Your Device’s Internet Protocol address (IP address), geographic areas derived from the IP address, type of device, operating system, browser type, browser version, web pages you visited before coming to Our website, functionalities of our Service that You use, time stamped logs regarding access times and duration of visits, details about how you are using these functionalities (including natural language queries), cookie information, networking connection data, file information, metadata, unique device identifiers and other diagnostic data, inferred and derived data that help us understand your preferences, purchase history, transaction information, product interest information and any other personal data that the user uploads on his own discretion for the use of Our Services.
Use of Your Personal Data
The Company may use Personal Data for the following purposes and on the following legal basis:
- To perform and enforce a contract, including the conclusion of the contract, payment, development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To manage Your Account and Your registration as a user of the Service.
- To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide, maintain, and improve our Service and give You access to different functionalities of the Service that are available to You as a registered user.
- To understand Your needs and preferences, improve Your experience with our Service and provide You with better and more personalized service.
- To communicate news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted out to receiving such information, which you may do at any time.
- To protect Our business, partners or users, for example, against fraudulent, unauthorized, or illegal activity, and to keep our Service secure.
- To attend and manage Your requests, respond to Your comments and provide You with customer service, support and troubleshooting, such as sending invoices, security alerts, confirmations, updates, technical notices and administrative messages.
- To deliver targeted advertising to You: We may use Your information to develop and display content and advertising tailored to Your interests and/or location and to measure its effectiveness.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about Our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns and to evaluate and improve Our Service, products, services, marketing and Your experience.
We may share Your Personal Data in the following situations resp. with third parties including:
- Service Providers: We may share Your Personal Data with trusted Service Providers to monitor and analyze the use of Our Service, to advertise on third party websites to You after You visited Our Service, for payment processing, to contact You, to send You Our newsletter, to improve Our Service, to authenticate You, to download any data You request Us to, to download and refresh authentication tokens or persist authentication information such as usernames and passwords as necessary to continue to connect to these data..
- Business transfer: We may share or transfer Your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- Affiliates: We may share your contact and transactional information with our current or future affiliates, which may include parent and subsidiary companies, joint ventures, or other companies under common control, in which case we will require our affiliates to honor this Privacy Statement;
- Other users: when You share Personal Data with other users, such Data may be viewed by all users and may be publicly distributed outside. If You interact with other users, they may see Your name, profile, pictures, description of Your activity and communicate with You.
- With Your consent: We may disclose Your Personal Data to third parties for any other purpose with Your consent.
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes as described above. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your Personal Data is basically processed at the Company’s operating offices in Switzerland. However, We may also transfer Your Personal Data to recipients abroad, including in countries that do not provide the same or an equivalent level of protection as the applicable law (FADP and/or GDPR). If we transfer Your Personal Data to such a country, we ensure an appropriate level of protection as legally required by way of using appropriate contracts (in particular the Standard Contractual Clauses of the European Commission) or binding corporate rules or we rely on the statutory exceptions (e.g. consent or performance of contracts).
Further Disclosure of Your Personal Data
In addition to the situations already mentioned above, We may share Your Personal Data with third parties in the following situations:
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred.
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
We have taken appropriate technical and organizational measures to protect your Personal Data from unauthorized access and misuse such as guidelines, processes, systems, security and programming best practices to protect the confidentiality, integrity and availability of your Personal Data. The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Obligation to Provide Personal Data to Us
You must provide Us with all Your Personal Data required for the performance of Our Service (as a rule, there is no statutory requirement to provide Us with Your Personal Data). Without this data, we cannot perform Our Service. In addition, Our website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
- Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
- Request correction of the Personal Data that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected.
- Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
- Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
- Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
- Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information please contact Your local data protection authority.
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.