Status: 29.09.2023

 

Introduction

We ("we", "us", "our/s") take the privacy of users ("users" or "you") of our website and/or mobile app (the "Website" and the "Mobile App" respectively) very seriously and are committed to protecting the information users provide to us in connection with their use of our Website and/or Mobile App (together: "Digital Assets"). Further, we are committed to protecting and using your information in accordance with applicable law.

 

This Privacy Policy explains our practices regarding the collection, use and disclosure of your information through your use of our digital assets (the "Services") when you access the Services through your devices.

 

Please read the Privacy Policy carefully and make sure you fully understand our practices regarding your information before using our Services. If you have read this policy, fully understand it and do not agree with our practices, you must stop using our digital assets and services. By using our Services, you agree to the terms of this Privacy Policy. Your continued use of the Services constitutes your acceptance of this Privacy Policy and any changes to it.

 

In this Privacy Policy you will learn:

- How we collect data

- What data we collect

- Why we collect this data

- Who we share the data with

- Where the data is stored

- How long the data is kept

- How we protect the data

- How we treat minors

- Updates or changes to the privacy policy

 

What data do we collect?

Below is an overview of the data we may collect:

 

- Non-identified and non-identifiable information that you provide during the registration process or that is collected through the use of our services ("Non-Personal Data"). Non-Personal Information does not identify who it was collected from. Non-Personal Information that we collect consists primarily of technical and aggregate usage information.

- Individually identifiable information, which is any information that can be used to identify you or could be used to identify you with reasonable effort ("personal data"). Personally identifiable information we collect through our Services may include information requested from time to time, such as names, email addresses, addresses, phone numbers, IP addresses and more. When we combine personal data with non-personal data, as long as it is in combination, we will treat it as personal data.

 

How do we collect data? 

Category: Always

Below are the main methods we use to collect data:

 

- We collect data when you use our services. So when you visit our digital assets and use services, we may collect, record and store usage, sessions and related information.

- We collect data that you provide to us yourself, for example, when you contact us directly through a communication channel (such as an email with a comment or feedback).

- We may collect data from third party sources as described below.

- We collect data that you provide to us when you sign up to our services through a third party provider such as Facebook or Google.

 

Why do we collect this data?

Category: Always

We may use your data for the following purposes:

 

- to provide and operate our services;

- to develop, customise and improve our Services;

- to respond to your feedback, enquiries and requests and to provide assistance;

- to analyse request and usage patterns;

- for other internal, statistical and research purposes;

- to improve our data security and fraud prevention capabilities;

- to investigate violations and enforce our terms and policies and to comply with applicable law, regulation or governmental request;

- to provide you with updates, news, promotional materials and other information related to our services. For promotional emails, you can decide whether you want to continue receiving them. If not, simply click on the unsubscribe link in these emails.

 

Who do we share this information with?

Category: Always

We may share your data with our service providers and other recipients in order to operate our services (e.g. storing data via third-party hosting services, providing technical support, etc.). These recipients are sometimes in Switzerland but may also be abroad. In particular, you should expect your data to be transferred to all countries where the service providers we use are located. If we transfer data to a country without adequate legal data protection, we will ensure an adequate level of protection by using appropriate contracts as required by law or rely on the legal exceptions of consent, performance of contract, establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the data subjects.

 

We may also disclose your information in the following circumstances: (i) to investigate, detect, prevent or take action regarding illegal activities or other misconduct; (ii) to establish or exercise our rights of defence; (iii) to protect our rights, property or personal safety and the safety of our users or the public; (iv) in the event of a change of control of us or any of our affiliates (by way of merger, acquisition or purchase of (substantially) all of the assets, etc.); (v) to protect the rights of our users or the public. (v) to collect, maintain and/or manage your information through authorised third party service providers (e.g. cloud service providers) as appropriate for business purposes; (vi) to work with third party service providers to improve your user experience. For the avoidance of doubt, we may transfer or disclose non-personal data to third parties or use it in any other way at our discretion.

Category: User has a blog or forum 

Please note that our services allow social interaction (e.g. posting content, information and comments publicly and chatting with other users). Please be advised that any content or data you provide in these areas may be read, collected and used by others. We discourage posting or sharing information that you do not wish to make public. If you upload content to our digital assets or otherwise make it available as part of using a service, you do so at your own risk. We cannot control the actions of other users or members of the public with access to your data or content. You acknowledge and hereby confirm that copies of your data may remain retrievable even after it has been deleted from cached and archived pages or after a third party has made a copy/stored your content.

Cookies and similar technologies

When you visit or access our Services, we authorise third parties to use web beacons, cookies, pixel tags, scripts and other technologies and analytics services ("Tracking Technologies"). These Tracking Technologies may allow third parties to automatically collect your information to improve the navigation experience on our digital assets, optimise their performance and provide a tailored user experience, as well as for security and fraud prevention purposes.

 

To find out more, please read our Cookie Policy.

Category: The user is NOT connected to an advertising service.

We will not share your email address or other personal information with any advertisers or advertising networks without your consent.

Category: The user is connected to an advertising service, Campaign Manager or Facebook Ads.

We may provide advertisements through our Services and our digital assets (including websites and applications that use our Services) that may also be tailored to you, such as ads based on your recent website, device or browser browsing behaviour.

 

To serve these advertisements to you, we may use cookies and/or JavaScript and/or web beacons (including translucent GIFs) and/or HTML5 Local Storage and/or other technologies. We may also use third parties, such as network advertisers (i.e. third parties who display ads based on your website visits) to serve targeted ads. Third-party ad network providers, advertisers, sponsors and/or website traffic measurement services may also use cookies and/or JavaScript and/or web beacons (including translucent GIFs) and/or Flash cookies and/or other technologies to measure the effectiveness of their ads and customise advertising content for you. These third party cookies and other technologies are governed by the specific privacy policy of the relevant third party provider and not this one.

 

Where do we store the data?

Category: Always

Non-personal data

 

Please note that our companies and our trusted partners and service providers are located around the world. For the purposes explained in this Privacy Policy, we store and process any non-personal data we collect in different jurisdictions.

Category: User Collected Personal Data

Personal Data

Personal data may be maintained, processed and stored in the United States, Ireland, South Korea, Taiwan, Israel and to the extent necessary for the proper provision of our services and/or required by law (as further explained below) in other jurisdictions. If we transfer data to a country without adequate legal data protection, we will ensure an adequate level of protection as required by law (and mentioned above) through the use of appropriate contracts or rely on the legal exceptions of consent, contract performance, establishment, exercise or enforcement of legal claims, overriding public interests, disclosed personal data or because it is necessary to protect the integrity of the data subjects. 

 

How long will the data be retained?

Category: Always

Please note that we will retain the data we collect for as long as is necessary to provide our services, to comply with our legal and contractual obligations to you, to resolve disputes and to enforce our agreements.

We may correct, amend or delete inaccurate or incomplete data at any time at our sole discretion.

How do we protect the data?

Category: Always

The hosting service for our digital assets provides us with the online platform through which we can offer our services to you. Your data may be stored via our hosting provider's data storage, databases and general applications. It stores your data on secure servers behind a firewall and it provides secure HTTPS access to most areas of its services.

Category: User Accepts Payments/eCom

All payment options offered by us and our hosting provider for our digital assets adhere to the PCI Security Standards Council's PCI-DSS (Payment Card Industry Data Security Standard) regulations. This is the collaboration of brands such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card data (including physical, electronic and procedural measures) by our shop and service providers.

Category: Always

Notwithstanding the measures and efforts taken by us and our hosting provider, we cannot and do not guarantee absolute protection and security of the data you upload, post or otherwise share with us or others.

For this reason, we ask that you establish strong passwords and, where possible, do not provide us or others with confidential information that you believe could cause you significant or lasting harm if disclosed. In addition, since email and instant messaging are not considered secure forms of communication, we ask that you do not share confidential information through either of these communication channels.

How do we deal with minors?

Category: Users do NOT collect information from minors.

The Services are not intended for users who are under the legal age of majority. We will not knowingly collect data from children. If you are under the legal age of majority, you should not download or use the Services or provide any information to us.

 

We reserve the right to request proof of age at any time so that we can verify whether minors are using our Services. In the event that we become aware that a minor is using our Services, we may prohibit such users from accessing our Services and block them, and we may delete any information we hold about that user. If you have reason to believe that a minor has disclosed data to us, please contact us as explained below.

Category: User Collected Data from Minors

Children can use our services. However, if they wish to access certain features, they may be required to provide certain information. The collection of some data (including data collected via cookies, web beacons and other similar technologies) may be automatic. If we knowingly collect, use or disclose information collected from a child, we will indicate this in accordance with applicable law and obtain parental consent. We do not condition a child's participation in an online activity on the child providing more contact information than is reasonably necessary to participate in that activity. We will only use the information we collect in connection with the services the child has requested.

 

We may also use a parent's contact information to communicate about the child's activities in the Services. Parents may review data we have collected from their child, prohibit us from collecting further data from their child, and request that any data we have collected be deleted from our records.

 

Please contact us to view, update or delete your child's information. For your child's protection, we may ask you to provide proof of your identity. We may deny you access to the data if we believe your identity is questionable. Please note that certain data cannot be deleted due to other legal obligations.

Category: Always

We will only use your personal data for the purposes set out in the Privacy Policy and only if we are satisfied that:

 

- the use of your personal data is necessary to perform or enter into a contract (for example, to provide you with the Services themselves or customer care or technical support);

- the use of your personal data is necessary to comply with relevant legal or regulatory obligations; or

- the use of your personal data is necessary to support our legitimate business interests (provided that at all times this is done in a way that is proportionate and respects your data protection rights).

 

Your rights: 

 

You have the following rights if the relevant legal requirements are met:

- the right to request information about your personal data stored by us;

- the right to have incorrect or incomplete personal data corrected;

- the right to request the deletion or anonymisation of your personal data;

- the right to request the restriction of the processing of your personal data;

- the right to receive certain personal data in a structured, common and machine-readable format;

- the right to withdraw consent with effect for the future, insofar as processing is based on consent. 

 

Please note that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to retain or process certain data, have an overriding interest in doing so (insofar as we are entitled to rely on this) or require it for the assertion of claims.

The exercise of such rights usually requires that you clearly prove your identity (e.g. by means of a copy of your identity card).

In addition, every data subject has the right to enforce his or her claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

 

In the course of providing the Services, we may transfer data across borders to affiliates or other third parties and from your country/jurisdiction to other countries/jurisdictions worldwide. By using the Services, you consent to the transfer of your data outside the EEA.

 

Rights under the California Consumer Protection Act

 

If you are a California resident using the Services, then you may be entitled under the California Consumer Privacy Act ("CCPA") to request access to and deletion of your information.

 

To exercise your right to access and delete your information, please see below for how to contact us.

Category: The website does not sell its users' data 

We do not sell users' personal data for the purposes and purposes of the CCPA.

Category: Websites with a Blog or Forum 

Users of the Services who are California residents and under the age of 18 may request and obtain removal of their posted content by emailing us at the address provided in the "Contact Us" section below. These requests must all be marked "California Removal Request". All requests must include a description of the content you wish to have removed and sufficient information to help us locate the material. We will not accept notices that are not marked or properly submitted, and we may not be able to respond if you do not provide sufficient information. Please note that your request does not ensure that the material will be fully or completely deleted. For example, material posted by you may be republished or re-posted by other users or third parties.

Updates or changes to the Privacy Policy

Category: Always

We may, in our sole discretion, revise this Privacy Policy from time to time, but the version posted on the Site will always be current (see the "Current" statement). We encourage you to periodically review this Privacy Policy for changes. In the event of material changes, we will post a notice to that effect on our website. Your continued use of the Services after we have posted notice of changes on our website will constitute your acknowledgement and acceptance of the changes to the Privacy Policy and your agreement to be bound by the terms of those changes.

 

Contact

Category: Always

If you have any general questions about the Services or the information we collect about you and how we use it, please contact us at:

 

Name: EncoSphera Ltd.

Address: Dorfstrasse 23, CH-8234 Stetten SH, Switzerland.

E-mail address: info@encosphera.com

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