1. General information
2. Responsible Person
For any matters, relating to data protection you may contact [email protected] in writing by e-mail or letter to the following address:
Zeughausgasse 7A, 6302 Zug, Switzerland Email: [email protected]
Our representative in the EU according to article 27 GDPR is:
Oranienstrasse 6, 10997 Berlin Email: [email protected]
3. Data processing in connection with the sites
3.1 Visiting our websites
When you visit our website, the hosting provider of our website, Amazon Web Services (AWS) automatically collects and stores various information in so-called server log files that your browser transmits to us. The information/data mentioned is neither assigned to specific persons nor linked to data from other sources. The following technical data will be recorded by us, as usual with every connection with a web server, without your intervention, and stored by us until automatic deletion after no later than two days:
- Woocommerce cart data
- Unique identification code for Woocommerce customer
The collection and processing of this technical data is for the purpose of enabling theuse of our website, continuously ensuring system security and stability, optimisingour website, and for internal statistical purposes. This is our legitimate interest in the processing of data in the sense of Art. 6 Par. 1 lit. f GDPR.
Furthermore, the IP addresses will be evaluated, together with other data, in case of attacks on the network infrastructure or other unauthorised use or misuse of the website, for the purpose of intelligence and protection, and if appropriate, used in criminal proceedings for identification and civil and criminal proceedings against the relevant users. This is our legitimate interest in the processing of data in the sense of Art. 6 Par. 1 lit. f GDPR.
3.2 Use of Websites Cookies
You may, at any time, prevent the setting of cookies through our websites by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, previously set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, it may not be possible to use all the functions of our websites.
3.3 Google Analytics
This websites also uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Inc. is an enterprise of the holding company Alphabet Inc., domiciled in the USA. The information generated by the cookie about your use of the websites (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, compiling reports on websites activity and providing other services relating to websites activity and internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google.
Generally, before the data is transmitted to the provider, the IP address will be abbreviated by activating IP anonymization (anonymizeIP) on this website, within the member states of the European Union or in other contracting states of the agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and abbreviated there. In these cases, we provide contractual guarantees to ensure that Google Inc. maintains a sufficient level of data protection. According to Google Inc., under no circumstances will the IP address be associated with any other user-related data. More information about the web analytics service used is available at the websites of Google Analytics: https://www.google.ch/policies/privacy/partners
In addition to the data listed in section 3.1, we may receive the following information of Google Analytics:
- Navigation path
- Length of stay on the website
- Returning or new user
- End device
We do not use the information and personal data collected by Google Analytics to identify individuals unless we become aware of specific indications of illegal use.
3.4 Opening an account for the Ethereum Web Forum
To access our forums at https://forum.smilo.foundation/ you must set up an account and provide us with your username, e-mail address, skype name, and password.
The collected data, which you have voluntarily provided is used for the purpose of providing your password-protected access to your base data we have stored. The legal basis for processing the data for this purpose lies in the consent you have provided in accordance with Art. 6 Par. 1 lit. a GDPR.
3.5 Contact possibility via the website
You may contact us via our websites contact page or by e-mail to the following e-mail address: [email protected]. For this, we require the following information: Name, Subject, E-Mail address, message.
We use this data, which you may give voluntarily, only in order to answer your contact question or to reply to your e-mail in the best possible manner. Therefore, the processing of this data is in our legitimate interest in accordance with Art. 6 Par.
1 lit. f GDPR and you have provided consent in accordance with Art. 6 Par. 1 lit. a GDPR.
3.5 Registration for our newsletter (if relevant)
The registration for our newsletter requires registration. For this you must provide your name and e-mail address. By registering, you give us your consent to process the given data in order to periodically send the newsletter to the address you have given. This consent constitutes the legal basis for our processing of your e-mail address in the sense of Art. 6 Par. 1 lit. a GDPR. All information gathered this way will never be passed on or sold to any third party.
At the end of each newsletter a link is provided by means of which you can unsubscribe at any time. After unsubscribing your personal data will be deleted.
3.6 Social Media
3.7 Event Registration
To register for any event organized by the Foundation through our website, we may require the following registration data: First and last name, language, company affiliation, company title, credit card information, e-mail address.
We will process the data by name in order to record your reservation as you have requested, to contact you in case of a question or problem and to ensure correct payment.
The legal basis for the data processing for this purpose lies in the fulfilment of an agreement in accordance with Art. 6 Par. 1 lit. b GDPR.
4. Other parties who have access to information we collect
With the exception of the provider of our website, we do not make your personal data available to third parties unless you have expressly consented to it, if we are legally obligated to, or if this is necessary to enforce our rights concerning a contractual relationship.
The websites service provider to whom the personal data collected via the websites is passed on or who has or can have access to it is Amazon Web Services Inc. The websites is hosted on servers in the US. The transfer of data is for purpose of providing and maintaining the functionality of our websites. This is our legitimate interest in the sense of Art. 6 Par. 1 lit f GDPR.
If you pay by credit card through the website, we forward your credit card information to the credit card issuer and the credit card acquirer. If you choose to pay by credit card, you will be asked to provide all the necessary information. The legal basis for passing on the data lies in the fulfilment of an agreement in the sense of Art. 6 Par. Lit. b GDPR.
5. International transfer of personal data
- our websites service providers
- e-commerce provider such as payment solution providers to assist us in the processing of your online payments.
They are obliged to protect data privacy to the same extent as we ourselves. If the level of data protection in a given country does not correspond to the Swiss and European data protection level, we contractually ensure that the protection of your personal data corresponds to that in Switzerland and the EU at all times by concluding agreements using the standard contractual clauses and complying with the GDPR.
6. Data security
We use appropriate technical and organizational security measures to protect your stored personal data against manipulation, partial or complete loss, and unauthorized access by third parties. Our security measures are continuously being improved in line with technical developments.
Please note that any data transmission on the Internet (e.g. communication by e- mail) is generally not secure and we accept no liability for data transmitted to us via the Internet. Unfortunately, absolute protection is not technically possible.
This information does not apply to the websites of third parties and the corresponding links given on our websites. The Foundation assumes no responsibility and liability for these.
7. Your Rights regarding your data
7.1 Right to confirmation
7.2 Right to access
You have the right to obtain from the Foundation free information about your personal data stored at any time and a copy of this information. Furthermore, you will have access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the Foundation rectification or erasure of personal data, or restriction of processing of personal data concerning you, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected directly from you, any available information as to their source; and
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for you.
7.3 Right to rectification
7.4 Right to erasure (right to be forgotten)
You have the right to obtain from the Foundation the erasure of personal data concerning you as soon as possible, and the Foundation shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
- The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- You withdraw consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing;
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR;
- The personal data has been unlawfully processed;
- The personal data must be erased for compliance with a legal obligation in accordance with the applicable law to which the Foundation is subject; and/or
- The personal data has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
7.5 Right to restriction of processing
You have the right to obtain from the Foundation restriction of processing where one of the following applies:
- the accuracy of the personal data is contested by you, for a period enabling the Foundation to verify the accuracy of the personal data;
- the processing is unlawful and you oppose the erasure of the personal data and requests instead the restriction of their use instead;
- the Foundation no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims; and/or
- the data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the Foundation override those of the data subject.
If any one of the aforementioned conditions is met, and you wish to request the restriction of the processing of personal data stored by the Foundation, you may at any time contact the Foundation's responsible person. The responsible person will arrange the restriction of the processing.
7.6 Right to object
You have the right to object, on grounds relating to your particular situation, at any time, to the processing of personal data concerning you, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Foundation shall no longer process the personal data in the event of the objection, unless the Foundation can demonstrate reasonable grounds for the processing, which override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims. In order to exercise the right to object, you may directly contact the responsible person.
7.7 Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you, or similarly significantly affects you, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between you and the Foundation, or (2) is not authorized by the applicable law and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or (3) is not based on your explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between you and the Foundation, or (2) it is based on your explicit consent, the Foundation shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and contest the decision.
7.8 Right to withdraw data protection consent
You have the right to withdraw your consent to processing of your personal data at any time.
If you wish to exercise the right to withdraw the consent, you may at any time directly contact the responsible person as stated in section 1.
8. Duration of the storage
The Foundation will process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the applicable laws or regulations. If the storage purpose is not applicable, or if a storage period prescribed by the applicable laws expires, the personal data is routinely erased in accordance with the legal requirements.
The Foundation does not knowingly collect or use any personal data from minors. A minor may be able to willingly share personal information with others, depending on the products and/or media channels used. If a minor provides us with their information without the consent of their parent or guardian, we will ask the parent or guardian to contact us for the purpose of deleting that information.
11. More information about privacy regulations
For more information on applicable privacy regulations, you may refer to:
- EU General Data Protection Regulation: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2016.119.01.0001.01.ENG
- Swiss Federal Act on Data Protection: https://www.admin.ch/opc/en/classified-compilation/19920153/index.html
- Swiss Ordinance to the Federal Act on Data Protection: https://www.admin.ch/opc/en/classified-compilation/19930159/index.html
Updated: July 2018