Archlet AG (Hardturmstrasse 132, 8005 Zürich, Switzerland, e-mail: firstname.lastname@example.org is controller ("Controller" and "Archlet") in the sense of article 4 para. 7 GDPR.
3. General Information
The terms “We”, “Us” and ”Our” mean Archlet. The terms “You” and “Your” refer to you, as a user or visitor of Our Platform provided services. The term Personal Data refers to all information relating to an identified or identifiable natural person (hereinafter referred to as "Data Subject"); 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person, as set out in article 4 para. 1 GDPR. In addition, personal data subject to the Swiss Federal Act on Data Protection ("FADP") comprises data of legal persons. We treat all Personal Data confidentially.
4. Collection of Data
5. Collection of Data by the App
The server, the App is communicating with, stores information in so-called log files automatically. This applies to information automatically transmitted by the App, as follows: type of mobile device, operating system in use, language/regional settings in use, technical information about the device in use, date and time of the request, IP address, mobile phone number or device identification, current geolocation information about the mobile device, name of the user, SIM card number, fingerprints, films, photos and audio recordings. This happens based on article 6 para. 1 lit. b GDPR, that regulates the lawfulness of processing when it is necessary for the performance of a contract or in order to take steps prior to entering into a contract.
Some web browsers may transmit "do-not-track" ("DNT") signals to mobile applications with which the user communicates. We currently do not change our tracking practices in response to DNT settings in your browser.
6. Purpose of Processing and Legal Basis
Any processing of data is based on a specific legal basis. If the processing is necessary for the performance of a contract to which the Data Subject is a party, or for the implementation of pre-contractual measures taken at the request of the Data Subject, the processing may be based on article 6 para. 1 lit. b GDPR. If the processing is necessary to safeguard the legitimate interests of the Controller or a third party, provided that the interests or fundamental rights and freedoms of the Data Subject, which require the protection of Personal Data, do not prevail, it can be based on article 6 para. 1 lit. f GDPR.
We process Your Personal Data for the following purposes:
a) to fulfil Our obligation to make the services available to You in accordance with the service conditions concluded between You and Us; the legal basis for data processing is article 6 para. 1 lit. b GDPR;
b) to inform You about changes to Our services; the legal basis for data processing is article 6 para. 1 lit. b GDPR;
c) to ensure that the content of the Platform is presented on Your computer as efficiently as possible; the legal basis for data processing is article 6 para. 1 lit. b or f GDPR;
d) in order to enable You to participate in test and trial offers of Our services; the legal basis for data processing is article 6 para. 1 lit. b GDPR;
e) to inform You about parts of the services which We believe to be of interest to You if You have given Your consent; the legal basis for data processing is article 6 para. 1lit. a GDPR; and
f) as part of Our efforts to offer You the greatest possible security when using the Platform; the legal basis for data processing is article 6 para. 1 lit. f GDPR.
We also process data that cannot be assigned to any person. These are data that do notpersonally identify You, including anonymous information and aggregated data. This information helps Us to better understand how Our visitors use the services, to analyse demographics, interests and behaviours of Our visitors, to improve the services, to provide customized services and information to visitors, and similar purposes. 7. Feedback
If You contact Us to provide feedback, register a complaint, or ask a question, We will record any Personal Data and other content that You provide in Your communication so that We can effectively respond to Your communication. We reserve the right to use this information in any manner permitted by law, to respond to Your communication. The processing of Your Personal Data for feedback processing is based on article 6 para. 1 lit. f GDPR.
When You use the services, We receive and store certain information which may include Your Personal Data, regarding Your use of the services. Examples include IP addresses, browser types, domain names, and other statistical data regarding Your use of the services. We may use this data in a way that does not disclose any of Your personally identifiable information, including, but not limited to, for purposes of developing new product and service offerings. 9. Cookies
10. Web Analysis Services
11. Disclosure of Personal Data
We may disclose Your Personal Data for the following purposes:
a) Legal obligation We may disclose Your Personal Data in response to a request for information if We believe such disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation. The legal basis for processing to fulfil a legal obligation is article 6 para. 1 lit. c GDPR.
c) Disclosure within the company If necessary, We transmit Personal Data to other parts of the company, e.g. for billing purposes. In this case, the transfer is based on article 6 para. 1 lit. f GDPR.
12. Disclosure of Personal Data to Third Parties
Under no circumstances will We rent, sell or otherwise share Personal Data to third parties, except with your consent, the disclosure is necessary to assert, exercise or defend legal claims, a legal obligation exists or it is legally permissible and necessary for the execution of contractual relationships with You. Your rights regarding the transmission and processing of its Personal Data to third parties in accordance with the applicable data protection laws and regulations will be respected. A transfer of Personal Data to third parties will take place e.g. by transmitting the credit card data to the processing bank institutes or payment service providers for the purpose of debiting the purchase price. Furthermore, a transfer of Personal Data will take place inrelation to the web analysis services as listed above.
We take commercially reasonable steps to protect Your Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. We use up to date TLS-encryption that Your systems support when transmitting data via Our systems. However, a complete protection of data against access by third parties is not possible. We cannot guarantee that all Internet or e-mail transmission is fully secure or free of errors. We also use suitable technical and organisational security measures to protect Your Personal Data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorised access by third parties. Our security measures are continuously improved in line with technological developments. Nevertheless, We cannot guarantee their absolute security and We therefore cannot be held liable for intercepted information sent via the Internet or for third parties using revoked, stolen, forged, or otherwise insecure certificates. You should therefore take special care in deciding which information You send Us by e-mail and keep this in mind by disclosing any Personal Data to Us or to any other party via Internet.
15. Retention Period
We store Your Personal Data for as long as it is necessary for the respective purpose for which it was collected, in particular to fulfil contractual and legal obligations, such as statutory retention periods, or until You revoke Your consent in the processing of Personal Data. We may in any event retain and use such Personal Data as necessary to maintain accurate accounting, financial and other operational records, resolve disputes, and enforce the rights connected to the use of the Platform.
16. Your Rights
You are entitled to extensive rights which You can assert against Us based on article 15 to 21 GDPR. Upon request, We will inform You in writing, in accordance with the applicable statutory provisions, which Personal Data We have stored about You. You may request information about the origin, transfer, purpose of collection and use, the planned storage period and the type of processing of the Personal Data. Furthermore, at Your request, We will correct, complete, amend, delete or restrict the processing and storage of the Personal Data at any time, unless the processing is justified by Our legitimate interests, necessary to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims. For this purpose and/or to obtain further information, please contact Us at email@example.com.
You have the right to receive the Personal Data We hold about You in a structured, common, machine-readable format and free of charge. Upon request, We will transfer Your Personal Data to another controller. If You wish to exercise any of the rights mentioned in this section or if You have any questions about the processing of Your Personal Data, please contact Us at the e-mail address firstname.lastname@example.org.
Furthermore, You have the opportunity to file a complaint with the competent data protection supervisory authority and to revoke consent to data processing based on article 77 GDPR. Under the FDAP, the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html) is responsible for complaints.
17. Existence of an Automatic Decision-Making Process
As a responsible company, We refrain from automatic decision-making or profiling.