PRIVACY POLICY

Last updated: 27.09.2023

The App is managed by SNAQ AG, a joint-stock company incorporated under Swiss law, having its registered office at Ruchackerweg 10, 8405 Winterthur, Switzerland.

This Privacy Policy provides You with information on how We collect, store, use, alter, disclose and erase Your Personal Data when You access and use the Services and when You interact and deal with Us. This Privacy Policy explains in particular what Personal Data We collect and why We collect it, how and for how long We use that Personal Data and Your rights in relation to the Personal Data provided.

Before registering on the App, please read carefully the Privacy Policy as well as the Terms of Use and the EULA. Use of the App is subject to Your full and complete acceptance of this Privacy Policy, the Terms of Use and the EULA.

For the purpose of the Privacy Policy, the terms below are defined as follows:

-  "App" means the Snaq mobile application, published by Us and available on the Store;

-  “Applicable Law” means the substantive laws of Switzerland, including the Federal Act on Data Protection, and, whenever applicable, the EU General Data Protection Regulation (GDPR);

-  "EULA" means Our End User License Agreement, accessible at the following link https://www.snaq.io/eula;

-  "Google" has the meaning set forth at Section 7.3.

-  "Personal Data" means any Personal Data relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

-  "Privacy Policy" means this Privacy Policy;

-  "Services" refers to the App, the Website and/or the services offered by Us through the App and/or the Website;

-  "Store" means the Apple Appstore (https://www.apple.com/app-store/) or the Google Playstore (https://play.google.com/store/apps);

-  "Terms of Use" means Our Terms of Use, accessible at the following link https://www.snaq.io/tos;

-  "We", "Us", "Our(s)" and "Snaq" refer to SNAQ AG;

-  "Website" means Our website accessible at the following link: https://www.snaq.io/; and

-  "You" or "Your" means You personally (i.e. the individual who reads and agrees to be bound by this Privacy Policy) and, if You use or access Our Services on behalf of a corporation or other legal entity, collectively, You and such corporation or other legal entity on whose behalf You use and/or access the Services.

* * * * *

1.   ACCEPTANCE

1.1  As part of accessing and using Our Services or interacting with Us, We may collect and process some Personal Data about You. When We do so, We will collect, process and share Your Personal Data with Your consent for the purposes We have informed You of, or as may be otherwise permitted or required by Applicable Law.

1.2  You can withhold or withdraw Your consent for Us to collect, use or share Your Personal Data, as long as there are no legal or contractual requirements for Us to process such Personal Data (see Section 8 below). Depending on the circumstances, however, withdrawal of Your consent may impact Our ability to provide You Our Services.

1.3  We may amend the Privacy Policy at any time. The “Last updated” legend at the top of this Privacy Policy indicates when this document was last revised. Any changes are effective when We post the revised Privacy Policy on the Services. We will notify You of any substantial amendment by posting a notice on the App, or by sending You an e-mail at the e-mail address provided by You. You may be required to read and accept the amended terms to continue Your use of the Services.

2.  WHICH DATA DO WE COLLECT AND HOW?

The following Section describes the information that We collect and how We collect it. There are multiple ways in which We collect information, which can be broadly categorized into:

• Information that You freely choose to share with Us;
• Information that is automatically collected when using Our Services; and
• Information We gather from third parties.

a)  Information that You freely choose to share with Us

We collect the information that You directly provide to Us, such as when You set up an account on the Website or when You send Us an e-mail. This type of collection often occurs through Our business support processes, such as:

• Registration data: when You download, install the App and register, We may ask You to provide Us with Personal Data such as your e-mail address. Please note that We do not ask You to create an account with Us to give You access to Our Services. We generally keep Your registration data for 10 years from the date Your use of the service ceases.
• Content You upload on the App: when You use Our App, You may upload photos, images and other contents. We generally keep this Personal Data for 10 years from the last exchange between Us or from the date Your use of the service ceases, but this period may be longer if required for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons.
• Communication data: when You ask Us a question via the "Getting in Touch" form on Our Website or request assistance, We may ask You to provide Us with Your contact information (i.e. full name and e-mail) as well as a description of the issue You are contacting Us about. We collect the Personal Data exchanged between You and Us, including the metadata of the communication. We generally keep this data for 10 years from the last exchange between Us. This period may be longer where required for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons. E-mails and written correspondence are generally kept for at least 10 years.     

Notwithstanding the above, please note that You may also choose to submit information to Us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion, (iv) in connection with an actual or potential business relationship with Us or (v) by giving Us Your business card or contact details at trade shows or other events.

b)   Information that is automatically collected when using Our Services

Besides the information that You freely choose to share with Us, We may automatically or passively collect and process various information regarding Your use of – and Your behavior through – the Services. While information collected in this manner is not typically Personal Data, We may combine it in ways that make it personally identifiable. When We do so, We will treat the combined data as Personal Data.

Information collected in this manner may include:

• Browser and device data: the Services use various technologies to function effectively and to record information about You, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons, etc.;
• Behavioral and preference data: depending on Our relationship with You, we try to get to know You better and to tailor Our Services to You. For this purpose, we collect and process data about Your behavior and preferences. We do so by evaluating information about Your behavior in Our domain. Based on this data, we can for example determine the likelihood that You will use certain Services or behave in a certain way. The data processed for this purpose is already known to Us (for example where and when You use Our Services) or we collect it by recording Your behavior (for example how You navigate Our Website). We anonymize or delete this data when it is no longer relevant for the purposes pursued, which usually is after 10 years. This period may be longer as for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons. We describe how tracking works on Our Website in Section 7;
• Physical or geographic location data: when You access and use the Services, We may collect information about Your country, region, city, or latitude or longitude; and
• Cookies: We use necessary cookies to process information including standard internet log information. For more information about necessary cookies (see Section 7 below). We also use other cookies (for instance, to process behavioral and preference data), but only with Your prior consent (see Section 7 below).

c)  Information that is collected via third parties

As far as it is not unlawful, We also collect information from public sources (for example, the media, or the internet including social media) or receive data from public authorities and from other third parties (such as Our contractual or business partners, Our internet analytics services, etc.).

We may receive the following categories of information from third parties:

• Contract and master data: We may receive such information also from third parties, such as contractual partners and from public sources such as public registers or the internet;
• Behavioral and preference data: We may supplement the information We collect ourselves with third-party information (i.e. information about how You navigate across Our Website or when You open Your e-mails), including from public sources (i.e. social media, anonymous information from statistical offices, etc.);
• Data in connection with legal proceedings: We may receive Personal Data about You from public authorities (i.e. court records), representatives of the opposing party, professional investigators (i.e. Your address), public sources, etc.;
• Data collected by third parties: Insofar as agreed by You, We may use data (i.e. nutritional information, glucose level, etc.) that You have stored in third-party applications (i.e. Health app). The way such third-party application processes Your data is not covered by this Privacy Policy. Therefore, We ask You to direct Your requests regarding Your data to the respective data controller of such third parties.  

3.  HOW DO WE USE THE COLLECTED DATA?

We use non-personally identifying information without restrictions. On the contrary, Personal Data are only used for the purposes indicated at Section 4 below. Please note that We strive to minimize Our use of Personal Data, and, to the maximum extent possible, anonymize or aggregate it before use.

4.  FOR WHAT PURPOSES DO WE COLLECT PERSONAL DATA?

4.1  We will mainly process Personal Data for the conclusion, administration and performance of Our contractual and business relationships and the provision of the Services as well as for otherwise interacting and communicating with You.

4.2  We further process Personal Data for the following purposes:

• facilitating and improving Your access to and use of the Services;
• improving and personalizing the Services so as to better meet Your expectations;
• performing machine learning and research and development projects in Our own interest;
• conducting demographic or aggregate studies for marketing, sales, planning and business product development. Raw and derived data from Restricted and Sensitive Scopes obtained through Google APIs are excluded from processing;
• performing marketing measures and relationship management (i.e. sending newsletters, offers, promotions, surveys and other regular contacts electronically, by e-mail, by telephone or through other channels for which We have contact information from You, carrying out marketing campaigns like events, contests, etc.). Raw and derived data from Restricted and Sensitive Scopes obtained through Google APIs are excluded from processing;
• You can object to such contacts at any time or refuse or withdraw consent to be contacted for marketing purposes with effect for the future. With Your consent, We can target Our online advertising on the internet more specifically to You (see Section 7);
• recognizing and ceasing any misuse of the Services;
• ensuring security and access control;
• executing risk management and corporate governance, including business organization and development;
• complying with laws, directives and recommendations from authorities and internal regulations;
• protecting Our rights (for example to enforce claims in or out of court);
• enabling and administering Our business;
• answering Your queries and providing You with effective assistance;
• responding to inquiries and regarding the exercise of Your rights;
• enabling quality assurance purposes and trainings;
• gauging the effectiveness of Our communications and marketing campaigns; and
• further purposes, which also include safeguarding other legitimate interests that cannot be named exhaustively.

4.3  Snaq's use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.

5.  LEGAL GROUNDS FOR DATA PROCESSING

5.1  Where We ask for Your consent for certain processing activities (i.e. for marketing mailings, for advertising management and behavior analysis on the Website), We will inform You separately about the relevant processing purposes. You may withdraw Your consent at any time with effect for the future by sending an e-mail to Us (see Our contact details in Section 11 below). For withdrawing consent for online tracking, see Section 7. Once We have received notification of withdrawal of consent, We will no longer process Your information for the purpose(s) You consented to, unless We have another legal basis to do so. Withdrawal of consent does not, however, affect the lawfulness of the processing based on the consent prior to withdrawal.

5.2  Where We do not ask for consent for processing, the processing of Your Personal Data relies on the requirement of the processing for initiating or performing a contract with You or on Our or a third-party legitimate interest in a specific processing, in particular in pursuing the purposes set out in Section 4.

5.3  Where We receive sensitive Personal Data, We may process Your Personal Data on other legal basis, for example, in the event of a dispute, as required in relation with a potential litigation or for the enforcement or defense of legal claims. In some cases, other legal basis may apply, which We will communicate to You separately as necessary.

6.  TO WHOM DO WE COMMUNICATE PERSONAL DATA?

We do not sell or rent Personal Data to marketers or unaffiliated third parties. We share Your Personal Data with trusted entities, as outlined below:

• Our affiliates: We may share with other Snaq companies in order to provide the Services and for internal administration purposes;
• Service providers: We work with service providers who process Your data on Our behalf or as joint controllers with Us or who receive data about You from Us as separate controllers. We use a selected number of trusted external service providers for certain technical data analysis, processing and/or storage offerings, advertising service providers, etc.). Key service providers in the IT area are Amazon Web Services and Mixpanel;
• Third parties authorized or used by You: When You are using third-party services (Google Maps™, YouTube™, Facebook™ or Twitter™ buttons, etc.) through Our Services, the providers of such services may also collect and process Personal Data through their services independently of the data processing conducted by Us in the provision of the Services;
• Parties to corporate transactions: In the event that We enter into, or intend to enter into, a transaction that alters the structure of Our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of Our business, assets or stock, We may share Personal Data with third parties for the purpose of facilitating and completing the transaction;
• Authorities: We share Personal Data as We believe necessary (i) to comply with Applicable Law, (ii) to enforce Our contractual rights, (iii) to protect Our rights, privacy, safety and property and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies and other public and government authorities, which may include authorities outside Your country of residence.     

7.  WHAT KIND OF TRACKING TECHNOLOGIES DO WE USE?

7.1  Like most websites, We may use cookies to optimize Our Website. Cookies are little files that are stored on Your data storage medium and that memorize, through Your Internet browser, some configurations and data in order to exchange them with Our system. We use these technologies on Our Website and may allow certain third parties to do so as well. However, depending on the purpose of these technologies, We may ask for consent before they are used. You can also set Your browser to block or deceive certain types of cookies or alternative technologies, or to delete existing cookies. You can also add software to Your browser that blocks certain third-party tracking. You can find more information on the help pages of Your browser (usually with the keyword "Privacy") or on the websites of the third parties set out below.

7.2  We distinguish the following categories of cookies (including other technologies):

• Necessary cookies: these are cookies that are required for the operation of the Website or for the server to store options or information (which You have entered) beyond a session (i.e. a visit to the website) if You use this function (for example language settings, consents, automatic login functionality, etc.). These cookies have an expiration date of up to 10 years;
• Performance cookies: In order to optimize Our Website and related content and to better adapt them to the needs of the users, We use cookies to record and analyze the use of Our Website, potentially beyond one session. This means that Your behavioral and preference data (cf. Section 2) is being analyzed. We use third-party analytics services for this purpose (such as Google Analytics or Mixpanel). Performance cookies also have an expiration date of up to 10 years. Details can be found on the websites of the third-party providers;   

7.3  We currently use offers from the following service providers and advertising partners (where they use data from You or cookies set on Your computer for advertising purposes):

• Flash cookies from Adobe Flash Player™: Adobe Systems Software Ireland Limited (Adobe Ireland) is the provider of "Adobe Flash Player™" (a piece of software allowing quick development of dynamic content using "Flash" language) and acts as controller with regard to the processing of Your Personal Data. Flash (and application of the same type) memorizes the settings, the preferences and the utilization of these contents thanks to a technology, which is similar to cookies. Information about data protection with Adobe Ireland can be found here: https://www.adobe.com/privacy/policy.html. Adobe Flash Player™ manages this information and Your choices through an interface that is different from the one provided by Your web browser. As Your device could visualize content developed in Flash language, We invite You to access Your Flash cookies management tools, directly through the following website: http://www.adobe.com/fr/;
• Google Analytics: Google LLC is the provider of the service "Google Analytics". For the purposes of Applicable Law, Google Ireland Ltd. is the controller (both "Google"). Google tracks the behavior of visitors to Our Website (duration, page views, geographic region of access, etc.) through performance cookies (see above) and on this basis creates reports for Us about the use of Our Website. We have configured the service so that the IP addresses of visitors are truncated by Google in Europe before forwarding them to the United States and then cannot be traced back. Google provides Us with reports and may therefore be considered Our processor, but it also processes data for its own purposes. Google may be able to draw conclusions about the identity of visitors based on the data collected, create personal profiles and link this data with the Google accounts of these individuals. You should assume that this processing takes place if You consent to the use of performance cookies. Information about data protection with Google Analytics can be found here: https://support. google. com/analytics/answer/6004245 and if You have a Google account, You can find more details about Google's processing here: https://policies. google. com/technologies/partner-sites? hl=en.       

8.  YOUR PERSONAL DATA, YOUR RIGHTS

Applicable data protection laws grant You the right to object to the processing of Your data in some circumstances, in particular for direct marketing purposes, to profiling carried out for direct marketing purposes and to other legitimate interests in processing.

To help You control the processing of Your Personal Data, You have the following rights in relation with Our data processing, depending on the applicable data protection law:

• The right to request information from Us as to whether and what data We process from You;
• The right to have Us correct data if it is inaccurate;
• The right to request erasure of data;
• The right to request that We provide certain Personal Data in a commonly used electronic format or transfer it to another controller;
• The right to withdraw consent, where Our processing is based on Your consent; and
• The right to receive, upon request, further information that is helpful for the exercise of these rights.    

If You wish to exercise the above-mentioned rights in relation with Us, please contact Us in writing, at Our premises or, unless otherwise specified or agreed, by e-mail (see Our contact details in Section 11).

You also have these rights in relation with other parties that cooperate with Us as separate controllers – please contact them directly if You wish to exercise Your rights in relation with their processing.

If You do not agree with the way We handle Your rights or with Our data protection practices, please let Us or Our Data Protection Officers (see Section 11) know. If You are located in the EEA, the United Kingdom or in Switzerland, You also have the right to lodge a complaint with the competent data protection supervisory authority in Your country. You can find a list of authorities in the EEA here: https://edpb.europa.eu/about-edpb/board/members_en. You can reach the Swiss supervisory authority here: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html. You can reach the UK supervisory authority here: https://ico.org.uk/global/contact-Us/.

9.  SECURITY AND RETENTION OF PERSONAL DATA

We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data within Our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of employees who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If You have reason to believe that Your interaction with Us is no longer secure, please contact dataprotection@snaq.io immediately.

We process Your data for as long as Our processing purposes, the legal retention periods and Our legitimate interests in documentation and keeping evidence require it or storage is a technical requirement. You will find further information on the respective storage and processing periods for the individual data categories in Section 2, and for cookies in Section 7. If there are no contrary legal or contractual obligations, We will delete or anonymize Your data once the storage or processing period has expired as part of Our usual processes.

10.  INTERNATIONAL PERSONAL DATA TRANSFER

As explained in Section 6, We disclose data to other parties. These are not all located in Switzerland. Your data may therefore be processed both in Europe and in the USA; in exceptional cases, in any country in the world.

If a recipient is located in a country without adequate statutory data protection, We require the recipient to undertake to comply with data protection (for this purpose, We use the European Commission’s standard contractual clauses), unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless We cannot rely on an exemption. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if You have consented or if data has been made available generally by You and You have not objected against the processing.

11.  CONTACT US

SNAQ AG, with its registered address at Ruchackerweg 10, 8405 Winterthur, Switzerland, is the controller for Our processing under this Privacy Policy. You may contact Us for questions or complaints about this Privacy Policy, data protection concerns and to exercise Your rights under Section 8 as follows:

‍

SNAQ AG

Ruchackerweg 10

CH-8405 Winterthur

Switzerland

E-mail: dataprotection@snaq.io