Last modification: 12 October 2021
The security and protection of your Personal Data is one of the top priorities of SBorg SA., a company duly incorporated under the laws of Switzerland, with registration number CHE-198.086.882 and with official address at Rue du Grand-Chêne 8, 1003 Lausanne, Switzerland (the “Company, “Us” or “We”) which operates a website hosted at the URL : appdao.swissborg.com (the “Site”).
This Privacy Notice (the “Notice”) describes how your Personal Data is collected, used, and shared when you visit the Site as a Visitor. This Notice aims to protect the privacy and the fundamental rights of the Visitors when their Personal Data is processed by the Company, such as the fundamental rights of the Visitors while they are browsing the Site.
Capitalized terms not defined in this Notice shall have the meaning given to them in our Terms of Use or in the Cookies Policy.
The Company shall collect Personal Data from both natural or legal persons who browse the Site (the “Visitors”) and from natural persons who are users of the Website by registering on the Site (the “Users”). This Notice shall apply to any use of the Site, whatever the method or medium used. It details the conditions at which the Company may collect, keep, use and save Personal Data that relates to you, as well as the choices that you have made in relation to the collection, utilisation and Disclosure of your Personal Data.
When you visit the Site, when you subscribe to our newsletter and/or when you become a User, the Company will collect the following Personal Data :
When you browse the Site, even if you do not subscribe to our newsletter, do not become a User and do not contact us, the Company automatically:
When you become a User, the Company shall collect:
The below information is accessible to all DAO Members and used to facilitate the communication between the DAO Members:
The below information is being kept private and used by the DAO Administrator to contact the DAO Member and to proceed with the transfer of the Reward:
When you, as a Visitor or a User, subscribe to our newsletter, We collect your first name and your email address for the sole purpose of sending you our newsletter.
Please note that you are entitled to unsubscribe from our newsletter whenever you want and at your sole discretion by contacting us in accordance with Section 19 of this Notice.
By browsing the Site, Visitors and/or Users acknowledge that the Company may collect and process a certain number of Personal Data that relate to them and that they have read and understood this Notice and agree to be bound by it and to comply with all applicable laws and regulations.
In particular, the Consent for the Processing of Personal Data is given once the Visitor and/or the User ticks the box in the pop-up window which says “This website uses cookies to ensure you get the best experience on our website. By continuing to use our website, you agree to our Cookies Policy”.
The Consent is also given when the Users freely submit to the Company the Personal Data required to become a User. This latter understands and agrees that the Company is free to use these Personal Data within the limit provided by law and this Notice.
If you do not agree with the terms and conditions of this Notice, please do not become a User and refrain from using and/or browsing the Site.
Generally, the main reason why We collect Personal Data is to enable you to enjoy and easily navigate the Site.
(a) Personal Data
We use the Personal Data that we collect generally to provide you with a better service, and in particular, to :
If you contact us via email to the contacts set out on the Site, we will keep a record of that correspondence.
A Cookie is a piece of information that is placed automatically on your computer’s hard drive when you access certain websites. The Cookie uniquely identifies your browser to the server. Cookies allow the Company to store information on the server (for example language preferences, technical information, click or path information, etc.) to help make the web experience better for you and to conduct Site analysis and Site performance review. Most web browsers are set up to accept Cookies, although you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. Note, however, that some portions of the Site may not work properly if you refuse Cookies.
5. THIRD-PARTY DISCLOSURE
The Company discloses your Personal Data with HubSpot for the newsletter.
The Company may share your Personal Data to any other relevant Third-Parties, in particular if we are requested to do so to comply with a court order or law enforcement authorities request, or if we find it necessary, as determined in the Company’s sole discretion, to investigate, prevent or take action regarding illegal activities, to defend our interest or as otherwise required or permitted by law.
In any case where cross-border transfer is done, the Company ensures that adequate protection is guaranteed for Personal Data to be transferred outside of Switzerland and the European Economic Area (hereinafter: the “EEA”). In some specific cases when this level of protection is not guaranteed, the Company will obtain your prior Consent or establish with the Recipient of Personal Data a contractual framework or sufficient safeguards that ensure an adequate level of protection abroad. You may request access to a copy of these safeguards by contacting the Company.
Unless otherwise stated, the Third-Parties who receive Personal Data from the Company are prohibited to use this Personal Data beyond what is necessary to provide the product or service to you, directly or by participating in the Company’s activities.
While Processing Personal Data, the Company will respect the following general principles :
When Processing Personal Data, the individual rights of the Personal Data subjects must be protected. Personal Data must be collected and processed lawfully, in a fair manner, in good faith and must be proportionate to the objective.
Personal Data handled by the Company should be adequate and relevant to the purpose for which they are collected and processed. This requires, in particular, ensuring that the types of Personal Data collected are not excessive for the purpose for which they are collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.
The Personal Data subject must be informed of how his/her Personal Data is being handled. When the Personal Data is collected, the Personal Data subject must be informed of:
Personal Data must be collected directly from the individual concerned and the Consent of the Personal Data subject may be required before Processing Personal Data. The Consent must be obtained in writing or electronically for the purposes of documentation. The Consent is valid only if given voluntarily. If, for any reason, the Consent of the Personal Data subject is not given before Processing Personal Data, this one should be secured in writing as soon as possible after the beginning of the Processing.
Personal Data can be processed without Consent if it is necessary to enforce a legitimate interest of the Company. Legitimate interests are generally of a legal (e.g. filing, enforcing or defending against legal claims) or financial (e.g. valuation of companies) nature. The Processing of Personal Data is also permitted if national legislation requests, requires or allows this.
Personal Data kept on file must be correct and if necessary, kept up to date. Inaccurate or incomplete Personal Data should not be kept on file and deleted.
7. YOUR RIGHTS
You have the right to request access to or information about the Personal Data relating to you which is processed by the Company.
Where provided by law, you, your successors, representatives and/or proxies may (i) request deletion, correction or revision of your Data; (ii) oppose the Personal Data Processing; (iii) limit the use and Disclosure of your Personal Data; and (iv) revoke Consent to any of our Personal Data Processing activities, if the Company is relying on your Consent and does not have another legal basis to continue Processing your Personal Data.
These rights can be exercised by contacting us through the contact information provided in Section 19 hereunder, attaching a copy of your ID. If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.
The request is free of charge unless your request is unfounded or excessive (e.g. if you have already requested such Personal Data multiple times in the last twelve (12) months or if the request generates an extremely high workload). In such cases, the Company may charge you a reasonable request fee according to applicable laws.
The Company may refuse, restrict or defer the provision of Personal Data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.
If you are a resident of California, you have the right to access the Personal Data we hold about you (also known as the “Right to Know”), to port it to a new service, and to ask that your Personal Data be corrected, updated, or erased. If you would like to exercise these rights, or if you would like to designate an authorized agent to submit these requests on your behalf, please contact us through the contact information provided in Section 19 hereunder.
Your Personal Data will be stored in Europe. You agree that the Company may store your Personal Data in any country of the EEA, including Switzerland.
The storage as well as the Processing of your Personal Data may require that your Personal Data are ultimately transferred/transmitted to, and/or stored at a destination outside of your country of residence, notably Switzerland. Where permitted by law, by accepting the terms of this Notice, you agree to such transferring, transmission, storing and/or Processing. You also agree that such activities may take place to or in countries offering a lower level of protection than your country of residence.
9. DATA RETENTION
In accordance with applicable laws, the Company will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected or to comply with applicable legal requirements.
The Company applies high industry standards and will always apply adequate technical and organisational measures, in accordance with applicable laws to ensure that your data is kept secure.
In the event of a Personal Data breach, the Company shall without undue delay, and where feasible, not later than seventy-two (72) hours after having become aware of it, notify the breach to the competent supervisory authority, unless said breach is unlikely to result in a risk to your rights and freedoms. If the breach is likely to result in a high risk to your rights and freedoms, the Company shall communicate this breach to you, if it is feasible, without undue delay.
You also have the right to receive your Personal Data, which you have provided to the Company with, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the Company.
These rights can be exercised by contacting us through the contact information provided in Section 19 hereunder, attaching a copy of your ID. If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.
The request is free of charge unless your request is unfounded or excessive (e.g. if you have already requested such Personal Data multiple times in the last twelve months or if the request generates an extremely high workload). In such cases, the Company may charge you a reasonable request fee according to applicable laws.
The Company may refuse, restrict or defer the provision of Personal Data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.
The Company will, both at the time of the determination of the means for Processing and at the time of the Processing itself, implement appropriate technical and organizational measures, such as pseudonymization, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the Processing in order to meet the requirements of the GDPR, the Federal Data Protection Act (RS 235.1), the Ordinance on the Federal Data Protection Act (RS 235.11) and protect your rights.
The Company will implement appropriate technical and organizational measures for ensuring that, by default, only Personal Data which are necessary for each specific purpose of the Processing are processed. This obligation applies to the amount of your Personal Data we collect, the extent of their Processing, the period of storage and their accessibility. These measures will ensure that by default your Personal Data are not made accessible without your intervention to an indefinite number of third parties.
By participating in this DAO Program you hereby agree that all the content/materials delivered, including but not limited to, campaign content, mission content, quest content, comments, will be the sole property of the Company. Before using any SwissBorg content/materials outside the DAO Program, you shall request the written permission of the Company.
We will use your Personal Data to get in touch with you for the purpose of the DAO Program.
The Company hopes to be able to answer any questions or concerns you have about your Personal Data. You can get in touch with the Company at the postal address or email address given in Section 19 hereafter.
The Company appoints SwissBorg Solutions OÜ as its EU representative for the purposes of article 27 of the EU General Data Protection Regulation 2016/679, whose address is at Roosikrantsi tn 2-1091 Kesklinna linnaosa, Tallinn Harju maakond 10119, Estonia, and whose email address is legal@swissborg.com.
You have the right to make a complaint if you feel your Personal Data has been mishandled or if the Company has failed to meet your expectations. You are encouraged to contact the Company about any complaints or concerns but you are entitled to complain directly to the relevant supervisory authority.
The Company may modify this Notice from time to time, and will post the most current version on the Site. If a modification reduces your rights, we will inform you by email.
The Data Controller is SBorg SA, with a registered address at Rue du Grand-Chêne 8, 1003 Lausanne, Switzerland, and with company registration number CHE-198.086.882.
The Site may contain links which direct you to Third-Party websites. The Company rejects any liability relating to the privacy policy in force on said Third-Party websites, the collection and use of your Personal Data by the latter and relating to the contents of said websites (whether the links are hypertext links or deep-links).
Furthermore, you acknowledge and agree that using our Site could imply downloading other applications. Under no circumstances the Company shall be liable for the utilization of these other applications, especially with regard to the data protection rules.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at privacy@swissborg.com or by mail using the details as follows : SBorg SA, Rue du Grand-Chêne 8, 1003 Lausanne, Switzerland.
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