Data Protection Statement of Arbrea Labs AG
With this Data Protection Statement we, the Arbrea Labs AG, Zurich, Switzerland (“we” or “us”), describe how we collect and further process personal data. This Data Protection Statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements or similar documents are applicable to specific circumstances. The data protection regulations form an integral part of our Terms and Conditions. Capitalized words have the same meaning as in the Terms and Conditions currently in force.
The term “Personal Data” in this Data Protection Statement to shall mean any information that identifies, or could reasonably be used to identify any person.
If you provide us with personal data of other persons, please make sure the respective persons are aware of this Data Protection Statement and only provide us with their data if you are allowed to do so and such personal data is correct.
This Data Protection Statement is in line with the EU General Data Protection Regulation (GDPR). Although the GDPR is a regulation of the European Union (EU), it may be relevant for us.
The “controller” of data processing as described in this data protection statement (i.e. the responsible person) is Arbrea Labs AG, Technoparkstrasse 1, 8005 Zürich unless we have informed you differently in certain cases. You can notify us of any data protection related concerns using the following contact details: Technoparkstrasse 1, 8005 Zürich and [email protected].
2. Collection and Processing of Personal Data
To fully use our App and Services you need to register and provide certain Personal information to us such as their name, company name and email address but also billing information (the „Personal Information“). We use this information to manage Customer accounts and provide the Services. In addition you may provide personal data that you upload to the Service which we then use to provide our Service. We also collect information automatically through your use of the Service like information regarding your clicks and views.
In order to access or use our App and Services you must be at least 18 Years old. Consequently we do not knowingly collect Personal Information about minors.
Apart from data you provided to us directly, the categories of data we receive about you from third parties include, but are not limited to, your address and any interests and other socio-demographic data (for marketing purposes) data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data, the contents of your interaction with our customer support or sales departments, which may include text/video/audio recording and transcripts), and information that is provided to us by job candidates, when they apply for work with us.
The customer may register on the Arbrea Labs AG website on a voluntary basis. By registering, the customer agrees that Arbrea Labs AG will process his personal data (name, first name, salutation, e-mail address, postal address, details of his company) to conduct the business relationship with the customer to the extent necessary in connection with the use of Arbrea App.
The customer acknowledges and agrees that Arbrea Labs AG may collect, analyse and store anonymised data relating to customer’s use of the software, with the aim of improving Arbrea App according to user behaviour and of tailoring the marketing to the user’s preferences.
3. End User Data
We do not collect or process any Personal Information of End Users. Costumers are obliged to refrain from providing us with any Personal Information of End Users. In case Customer provides such Personal Information Customer is solely responsible to have received permission of such person to allow us to collect or process their personal data.
The customer himself is responsible for compliance with data protection regulations, more specifically for privacy policies or for obtaining privacy statements in respect to the persons, for whom the customer uses Arbrea App. Arbrea App supports him herewith through the following functionalities, insofar as these were not deactivated in the system settings on the customer’s device: password protection/Touch ID for accessing the data; data encryption when exchanging data with Arbrea Labs AG.
Face App – TrueDepth Data
We use TrueDepth API technologies (ARKit, with automatic estimation of shape of a users face) to create AR effects for aesthetic surgery within the App. The only use of this information is to provide valuable user features locally. None of the information collected by the TrueDepth API ever leaves the user’s device. We do not share information with third parties, do not store or process in any other way the data which we accessed and used via TrueDepth API. For more information about TrueDepth API technologies, you may visit https://support.apple.com/en-us/HT208108.
4. Third Party Links
Our Platform may contain links to third-party websites. These are not owned or controlled by us and we are not responsible for their content and their practices concerning data protection.
5. Purpose of Data Processing and Legal Grounds
We primarily use collected data in order to improve the services for our Customers but also and not limited to send newsletters and other messages with promotion content unless we receive an opt-out notification from you, for billing, account management and other administrative matters, to prevent and solve security issues and abuse. We may also process personal data if required by law or any other regulation.
In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties’) legitimate interest, such as:
- providing and developing our products, Platform and Services, apps and other platforms, on which we are active;
- communication with third parties and processing of their requests (e.g., media inquiries);
review and optimization of procedures regarding needs assessment for the purpose of direct Customer approach;
- advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (if you are part of our Customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
- market and opinion research, media surveillance;
- asserting legal claims and defense in legal disputes and official proceedings;
- ensuring our operation, including our IT, our websites, apps and other appliances;
If you have given us your consent to process your personal data for certain purposes, we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.
6. Cookies / Tracking and Other Techniques Regarding the Use of our Website
In accordance with applicable law, we may include visible and invisible image files in our newsletters and other marketing e-mails. If such image files are retrieved from our servers, we can determine whether and when you have opened the e-mail, so that we can measure and better understand how you use our offers and customize them. You may disable this in your e-mail program, which will usually be a default setting.
By using our websites and apps and consenting to the receipt of newsletters and other marketing e-mails you agree to our use of such techniques.
We may use Google Analytics or similar services (for example Facebook, Twitter, Linkedin) on our website. These are services provided by third parties, which may be located in any country worldwide and which allow us to measure and evaluate the use of our website (on an anonymized basis). For this purpose, permanent cookies are used, which are set by the service provider. The service provider does not receive (and does not retain) any personal data from us, but the service provider may track your use of the website, combine this information with data from other websites you have visited and which are also tracked by the respective service provider and may use this information for its own purposes (e.g. to controlling of advertisements). If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your personal data by the service provider will be conduct-ed in accordance with its data protection regulations. The service provider only provides us with data on the use of the respective website (but not any Personal Information of you). If you agreed to Google Analytics or other similar providers to receive personalized commercial offers, you may be served with ads based on your visits to our Services.
Social media plug-ins:
In addition, we may use plug-ins from social networks such as Facebook, Twitter, Youtube, Google+, Pinterest or Instagram on our websites. This is visible for you (typically based on the respective symbols). These elements might be disabled by default. If you activate them (by clicking on them), the operators of the respective social networks may record that you are on our website and where on our website you are exactly and may use this information for their own purposes. This processing of your personal data lays in the responsibility of the respective operator and occurs according to its data protection regulations. We do not receive any information about you from the respective operator.
7. Datatransfer and Transfer of Data Abroad
In the context of our business activities and in line with the purposes of the data processing set out in Section 2, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes.
Certain Recipients may be within Switzerland but they may be located in any country worldwide. If we transfer data to a country without adequate legal data protection, we ensure an appropriate level of protection as legally required by way of using appropriate contracts (in particular on the basis of the standard contract clauses of the European Commission) or binding corporate rules or we rely on the statutory exceptions of consent, performance of contracts, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the persons concerned. You can obtain a copy of the mentioned contractual guarantees at any time from the contact person named under Section 1 above insofar they are not available under the aforementioned link. However, we reserve the right to redact copies for data protection reasons or reasons of secrecy or to produces excerpts only.
8. Retention Periods for your Personal Data
We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship as well as beyond this duration in accordance with legal retention and documentation obligations. personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).
9. Data Security
We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse. However, we cannot and do not guarantee the absolute protection and security of any Personal Information.
10. Obligation to Provide Personal Data To Us
In the context of our business relationship you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (see above Section 2). Without this information, we will usually not be able to enter into or carry out a contract with you. In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).
We may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In particular, profiling allows us to inform and advise you about products possibly relevant for you more accurately. For this purpose, we may use evaluation tools that enable us to communicate with you and advertise you as required, including market and opinion research.
12. Your Rights
In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing in addition to right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. Consent can be withdrawn at any time by contacting us at [email protected]. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 1 above.
In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
13. Amendments of this Data Protection Statement
We may amend this Data Protection Statement at any time without prior notice. The current version published on our website shall apply. If the Data Protection Statement is part of an agreement with you, we will notify you by e-mail to the e-mail address that you provided during registration or other appropriate means in case of substantial changes.
Version effective as of 07/11/2019