Date of Issue and Effective Date: May 10, 2019
SKWOLL SA (hereinafter: “SKWOLL” or “we”) offers an application (hereinafter: “the Application”) and a website accessible at the address (hereinafter: “the Site”).
SKWOLL is aware that the collection of Personal Data implies a great deal of trust on your part.
We take this mark of trust very seriously and make it our priority to ensure the utmost confidentiality and security of your Personal Information.
By using the Site and/or the Application, you accept the practices described below:
1. PERSONAL DATA
“Personal data” means personal data as defined by Article 3 letter a of the Federal Data Protection Act (LPD; RS 235.1) and by the Federal Data Protection Ordinance (OPD; RS 235.11), i.e. any information relating to an identified or identifiable person.
2. DATA CONTROLLER
The person responsible for the processing (or master of the file) of your Personal Data (i.e. the person legally responsible for the purpose and content of the data file) is SKWOLL SA whose registered office is located in Lens, correspondence address 2, rue du Rhodania, 3963 Crans Montana, Switzerland.
If you have any questions or complaints, you can contact the Data Controller by mail, or by e-mail at the following address: firstname.lastname@example.org.
The Policy will apply to any use or visit of the Application and/or the Site, regardless of the manner or means used. It details the conditions under which your Personal Data is collected and processed when you use the Site and/or the Application.
6. PERSONAL DATA THAT MAY BE COLLECTED
A) PERSONAL DATA COMMUNICATED BY THE USER
When you register on the Application and/or the Site, create or modify your Account and/or use the Application and/or the Site, we will collect, process and store your Personal Data. We may also collect the Personal Information you provide when you browse the Application and/or the Site.
I) USER REGISTRATION DATA
A number of features of the Application are reserved for Registered Users or Members.
When you register as a User or log in to the Application and/or the Site, or otherwise interact with SKWOLL (including by e-mail or mail), you may be asked to provide certain information, including, but not limited to :
- your contact data, i.e. surname, first name, company, postal and e-mail addresses, telephone number;
- your date of birth;
- your gender;
- your country of residence ;
- your language of correspondence ;
- your registration data on the Site and/or the Application, such as your login and password.
This information is required to identify you and to enable (i) the creation, modification, performance and termination of a contractual relationship, (ii) communication with you in connection with the Application and/or the Site and their respective functionalities and (iii) avoid any violation of the TOS.
II) FOR THE NEWSLETTER
If you have agreed to receive the SKWOLL newsletter, your e-mail address will be used for bulk mailings by SKWOLL. You may, at any time, request to no longer receive the newsletter by following the deactivation link at the end of each newsletter.
B) DATA COLLECTED IN CONNECTION WITH THE USE OF THE APPLICATION, THE SITE OR BY E-MAILS
When you access, visit or browse the Application and/or the Site, or when you receive and/or respond to e-mails from SKWOLL, SKWOLL’s server may automatically record details of your access and actions. This includes :
- the date and time of your visit;
- the browser you are using ;
- your IP address;
- the place of connection ;
- the volume of data transmitted ;
- the links you could follow;
- the web pages and content you visit;
- the duration of such consultation ;
- data relating to your use of the Application and/or the Site and the Services, including through social networks (including, but not limited to, the partner establishments you visit or whose pages you visit, the services you obtain, the use of SKWOLL discounts and offers, the comments you publish, the photographs you post in connection with the Application and/or the Site, communication with SKWOLL, integrations with related services and any other information relating to your use of the Application and/or the Site);
- information received from our partners or other third parties, including but not limited to information allowing us to link IP addresses with postal codes or more specific information concerning the result of a marketing campaign or an e-mail sending;
as well as any other information and statistics related to your interactions (scrolling, clicks, mouse movements) or how to leave the Site and/or the Application.
When you visit the Application and/or the Site via a mobile device, we automatically collect data on the type of device used, the IMEI, the operating system used and the identifier of your device.
This information and data is collected automatically in particular by cookies (performance and tracking cookies, functional cookies, technical cookies, navigation cookies, etc.) and web beacons. They are also collected and analysed by third-party applications and tools, such as Google Analytics.
Finally, with your express permission, your GPS geolocation can be collected by SKWOLL. Please note that SKWOLL can, in any case, deduce your approximate geographic position from the WiFi data and/or IP addresses you use.
C) DATA COLLECTED THROUGH ELECTRONIC COMMUNICATIONS PROTOCOLS
In addition to the cases detailed above, SKWOLL may collect information relating to your use of the Application and/or the Site through electronic communication protocols. SKWOLL will receive from you, information related to your connection, such as network routing information (where you connect from), information about your equipment (the browser used), and the time and day of connection.
This allows us to monitor and analyze the use of the Application and/or the Site in order to improve its functionality and ergonomics.
7. USE OF YOUR PERSONAL DATA
SKWOLL uses your Personal Data mainly in order to improve the Application and/or the Site and to allow a marketing use for its own purposes or for those of the partner Institutions.
You consent to SKWOLL using your Personal Data for the following purposes:
A) OPERATION OF THE APPLICATION AND/OR THE SITE
Your Personal Data will be used by SKWOLL to offer all the functionalities of the Application and/or the Site to Visitors, Registered Users and Members, to enable the correct execution of all the functionalities of the Application and/or the Site, to interact with Visitors, Registered Users, Members and Partner Institutions and to respond to questions and comments from Visitors, Registered Users, Members and Partner Institutions.
SKWOLL will also use your Personal Data for the following reasons:
- allow you to use the Application, the Services and the Site;
- to better answer your requests and questions;
- manage your Account ;
- communicate with you and contact you by different means (e-mail, internal messaging, Notifications, etc.) ;
- send you the SKWOLL newsletter, if you have subscribed to it;
- prevent possible illegal or unlawful activities ;
- ensure the security of the Application and/or the Site;
- improve the functionalities of the Application and/or the Site;
- enforce the TOS of the Application and the Site;
- access third party services if you log in to your account through third party services;
- conduct studies and accumulate statistical data on the habits of Registered Users and Members as regards the attendance of Partner Institutions and their use of the Application and/or the Site in this context.
SKWOLL may use the Personal Data to send you information on the Services offered through the Application and/or the Site, customised e-mails or promotional offers, as well as to develop a direct relationship with each of the Users. You may also receive messages from SKWOLL, as well as targeted advertising. SKWOLL may use your Personal Data collected through or through the Application to customize the promotional offers you may see, including based on your activity.
Your Personal Data may also be used in order to develop partnerships with third parties as well as new services, functions or activities of the Application and/or the Site, based in particular on your profile, the use you make of the Application and/or the Site and the information you provided when you registered.
SKWOLL may use the data and information to analyze your preferences and habits, to customize your use of the Application and/or the Site, and to improve the Application and/or the Site and all their respective functionalities. This may also make it possible to offer each of the Users a content of the Application and/or the Site that is better adapted to their interests.
D) SYSTEM REPORTING AND MAINTENANCE
For operational and maintenance purposes, SKWOLL or a third party may collect files that record your activity on the Application and/or the Site (system reports) or use other Personal Data (such as IP or IMEI addresses, for example) for this purpose.
8. PERSONAL DATA OF MINORS
SKWOLL offers its Services only to Users who have reached the age of majority, i.e. at least 18 years of age. If you learn that a minor has nevertheless provided us with Personal Data, please inform us immediately by means of the following address: email@example.com.
9. COOKIES, WEB BEACONS AND SIMILAR TECHNOLOGIES
A cookie is a piece of information that is automatically placed on the hard drive of your computer or mobile device when you access certain websites or applications (hereinafter: a “Cookie”).
10. GOOGLE ANALYTICS
The Website and/or Application may use Google Analytics, a web analytics and mobile application service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer to help the website analyze how users use the site. The information generated by the Cookie about your use of the Website and/or the Application (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website and/or the Application, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties if there is a legal obligation to do so or if third parties process this data on behalf of Google, including in particular the publisher of this website. Google will not cross-reference your IP address with other data held by Google.
To learn more about how you can stop being tracked by Google Analytics on the sites you visit, visit: https://tools.google.com/dlpage/gaoptout
Google Analytics is a registered trademark of Google LLC and is not affiliated with SKWOLL.
11. DATA SHARING AND COMMUNICATION
A) TO SUBCONTRACTORS
Outside SKWOLL, Personal Data may be made accessible to persons in charge of the operation of the Site and/or the Application (administration, commercial, marketing, legal, system administration) or to third parties based in Switzerland or within the European Union (such as technical service providers, e-mail, hosting, computer maintenance or communication agencies) mandated by SKWOLL to process such Personal Data. The updated list of these external parties may be requested at any time from the data controller.
SKWOLL may share your Personal Data with subcontractors located in Switzerland or within the European Union who work on behalf of SKWOLL. Such a transfer is made to assist or participate in the operation of the Site, in particular by managing, hosting or maintaining the Site, to advertise, research, monitor and analyze the status of the network. It may also be used to assist in the performance of commercial transactions, including the provision of customer services.
B) TO THIRD PARTY PARTNERS
SKWOLL concludes partnership agreements with Partner Establishments or Sponsors in order to allow you to benefit from exclusive promotions or discounts.
Here is how your data, and where applicable Personal Data, may be transmitted to them:
- Partner Institutions will have access to anonymized information about their Institution, including information about the use of promotions, as well as general demographic data;
- Sponsors will have access to anonymous information about Users included in a targeted promotional campaign. In some cases, Users may be asked to agree, if they wish, to subscribe to third party mailing lists;
- Referrals with whom SKWOLL collaborates to enroll new Users may receive demographic and/or other anonymized statistical data from SKWOLL in return. Contact data in connection with new Users they have recruited on behalf of SKWOLL may also be sent to them, provided that your prior consent has been obtained.
Please ensure that you understand the individual requirements of these referees before registering using a specific reference link or invitation code. You can always register directly on Skwoll.com or by searching for the SKWOLL application in the App Store or Google Play Store without indicating a referral code, if you wish to avoid potential sharing of data or Personal Data with third parties in this context.
C) TO MEET A LEGAL OBLIGATION OR TO DEFEND OUR RIGHTS
Your Personal Data may also be shared to respond to requests from legitimate government authorities or when required by applicable laws, court orders or government regulations, as well as when deemed appropriate for audits or to investigate or respond to a security claim or threat, or otherwise to defend SKWOLL’s interests.
12. NO RECORDING OF PAYMENT INFORMATION
We do not store any bank or credit card data. Our Payment Service Provider (Stripe) processes the desired payments by credit cards. We do not act as a financial intermediary or payment organisation for transactions taking place through the Site and/or the Application.
You agree that SKWOLL will process payments through the Payment Service Provider.
You expressly agree to communicate your payment data directly to the Payment Provider, as well as any information required by the Payment Provider about you.
For any payment by credit card, the Payment Provider provides a secure payment system that uses the standard TLS encryption protocol. This protocol is used for data transmission between the User, the application and the servers. This payment protocol is standard and recognized worldwide for the protection of data transmitted over the Internet. The Personal Data you provide in connection with your credit card (number, expiry date, CVM/CVC, etc.) is encrypted before being sent to the payment server.
The Payment Service Provider processes the payment via your credit card in accordance with PCI/DSS and TPPP rules. You accept and agree to this payment scheme by the Payment Provider.
You expressly agree to abide by the terms and conditions of the External Payment Service Provider in charge of making the payment, to pay the commission provided for therein and to give it all the bank authorisations required to make the payment by means of your bank or credit card.
You make the credit card transaction at your own risk. SKWOLL shall in no event be held responsible for the delay of the bank authorization carried out on your credit card, for any loss or theft of payment data or for any damage that may occur in connection with the transaction carried out through the Site and/or the Application.
13. TRANSFER ABROAD
Personal Data processed by SKWOLL will be stored in Switzerland, but may also be stored/transferred/processed in other countries with an adequate level of protection. In such a case, SKWOLL will comply with all applicable rules and regulations and will adopt all necessary and required measures prior to the transmission of data abroad.
The security of your Personal Information is very important to us. SKWOLL is committed to handling your Personal Data properly and will take all reasonably necessary security measures to prevent fraudulent access, unauthorized disclosure, alteration or destruction of your Personal Data.
SKWOLL uses advanced technologies and security measures, policies and other procedures to protect your personal information from unauthorized access, misuse, disclosure, loss or destruction. Industry-standard firewalls and password protection measures are also used to protect your identification data.
You acknowledge, however, that the use of the Internet is not safe and that it involves risks to your Personal Data. SKWOLL will make every effort to protect your Personal Data, but cannot guarantee or warrant that the data you provide to SKWOLL is secure and protected from theft and unauthorized access by third parties, for which we assume no responsibility.
In addition, it is your responsibility to ensure that the computer or mobile device you use is properly secured and protected against malicious software such as Trojan horses, computer viruses and worms. You are aware that without adequate security measures (including a secure web browser configuration and up-to-date anti-virus software), there is a risk that the data and passwords you use to protect access to your data could be disclosed to unauthorised third parties.
In the event that your Personal Information has been improperly accessed by an unauthorised person or if there is reason to believe that it has been accessed, we are required by law to notify you. SKWOLL undertakes to inform you without delay of any infringement by e-mail or by Notification.
15. ACCESS RIGHTS AND PORTABILITY RIGHTS
As a User, you may ask SKWOLL whether it is processing Personal Data about you, receive a copy of the processed data (for this purpose, SKWOLL will require a copy of an official form of identification) and subsequently instruct SKWOLL to correct any Personal Data that is inaccurate or out of date.
You may at any time request access to your Personal Data collected by SKWOLL, the modification of any erroneous information or the deletion of all your collected Personal Data. SKWOLL’s legal obligations and rights to refuse deletion for legitimate reasons are reserved.
Any User may also withdraw, at any time, his consent to the processing of his Personal Data.
SKWOLL guarantees the portability of your Personal Data and undertakes to transfer your Personal Data to any third-party service in case of a written request from you, in a usual electronic format.
If you wish to make use of any of these rights, please contact SKWOLL by e-mail at the following address: firstname.lastname@example.org, or by post at the following address: SKWOLL SA, 2, rue du Rhodania, 3963 Crans Montana, Switzerland. You may be asked to attach a copy of an official identity document (identity card, driving licence or passport).
Please note that any information copied by us may still remain for some time after your request for deletion in our backup system. Even in this case, none of the Personal Information in your Account will appear in our Users’ active database. Please remember that Personal Data transmitted to third party services, such as social networks, are not stored on our servers and therefore cannot be deleted from the Internet by SKWOLL.
16. DATA DELETION AND BACKUP SYSTEMS
In principle, any Personal Data that has been collected through the Site and/or the Application (automatically or transmitted by the User) will be deleted upon termination of the Account or closure of the Site and/or the Application, unless there is a legal obligation to retain such data or if the paid Services have not been fully paid for.
All Personal Data that has been collected through the Site and/or the Application may be retained and remain registered even after the Account is terminated, or the Site and/or the Application is closed, at least temporarily, in particular, in the context of backups. Anonymized or statistical information may be kept without any time limit by SKWOLL.
If you choose to visit any of these third-party sites or pages, you will be redirected to those third-party sites or pages. We have no control over such third-party sites or pages and therefore recommend that you refer to the privacy statements of such sites or pages to learn about their procedures for collecting, using and transmitting Personal Information.
18. COMPLIANCE AND ENFORCEMENT
In case of legal obligation, SKWOLL cooperates with representatives of government, the judiciary and private parties to apply and comply with the law. In such cases, we will disclose all of your Personal Data to government, judicial and private parties if we deem it useful and necessary to comply with our legal obligations to respond to legal actions or lawsuits (including, but not limited to, subpoenas with fines), to defend the property and rights of SKWOLL, to protect public safety or security or any person, to prevent or stop any activity that may be considered or threatened to be illegal or subject to criminal prosecution. Regarding compliance, please contact us at the following e-mail address: email@example.com.
19. ASSET TRANSFERS
20. APPLICABLE LAW AND JURISDICTION
The Policy, as well as all matters arising out of or in connection with it (including non-contractual disputes or claims and their interpretation) shall be governed by Swiss law, excluding its conflict of laws rules.
All disputes, claims or controversies between a User/Visitor and SKWOLL concerning any matter relating to this Policy shall be submitted exclusively to the competent courts of the registered office of SKWOLL, subject to appeal to the Swiss Federal Court.
Crans-Montana, May 10, 2019.