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Privacy Policy

The Company understands that the Services involve a great deal of trust on your part. We take this trust very seriously, and make it our highest priority to ensure the security and confidentiality of the Personal Data provide to us. Please read the following policy to learn about our privacy practices. By downloading or using the Site or benefiting from the Services, You are accepting the practices described herein:

Purpose

The Company provides this Privacy Policy to describe our procedures regarding the collection, use and disclosure of personal data we collect or receive from Users. Personal data has the meaning given by the Federal Act on Data Protection and the Ordinance to the Federal Act on Data Protection (“Personal Data”). The data controller (i.e. the legal person responsible for the purpose and content of the data file) is Xample Sàrl, Chemin des Fossaux 10, 1443 Villars-Champvent, Switzerland (“Company”).

Acceptance of the Policy

The Company reserves the right to make any changes to the Privacy Policy as the Company deems necessary or desirable without prior notification to you. Users will be informed of the new Privacy Policy by e-mail or notification, but it is your responsibility to verify regularly this Privacy Policy to be informed of any changes. Your continued use of the Services after any such changes or after explicitly accepting the new Privacy Policy upon using the Site and/or the Services shall constitute your consent to such changes.

International Transfer

By using the Site, the App or the Services, You acknowledge and agree that Personal Data you submit to the Company will be hosted by the Company or a third party of its choice for an indefinite period of time within the European Union or Switzerland. You hereby agree that your Personal Data may be transferred to EU countries or Switzerland – and maintained on – computers located outside of your country, where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of Personal Data represent your explicit agreement to such transfer. The Company will not transfer any of your Personal Data outside the European Union or Switzerland without your prior consent.

Type of Personal Data collected

The main reason why we collect Personal Data about you is to provide you the Services and improve the Site and App features and Content, to administer your user account and to enable you to enjoy and easily navigate the Site, the App and using the Services.

When you download the App, register through the Site or the App, create or edit your user account and use the Site, the App or a Service, we will ask you for Personal Data. We may collect the Personal Data that you provide as part of registration and the administration and personalization of your user account, or Personal Data that you provide us by using the Services.

The Company may collect the following Personal Data:

  • Contact information, such as name, surname, company, email address;
  • Computer information, such as IP address, operating system, type of device, browser, login dates;
  • Transactional information, including information about the products and services you purchase or download or about which you make an inquiry and financial information regarding your transactions;
  • User preferences, such as product requirements, areas of industry interest, newsletters, community choices and other information you select in the customer profile when registering on the Site or indicated by your use of the Sites;
  • Flight information, such as geolocalization, flight navigation information, GPS information;

We may supplement information you provide with information received from third parties.

The Company uses Personal Data for the purpose of offering the Services. Personal Data transmitted to the Company by you may be hosted by the Company or a third party of its choice.

We use your Personal Data for the following general purposes:

  • to fulfill your requests for Services;
  • to personalize the promotional offers and content you see, in particular based upon your activity and your transaction history with the Site;
  • to provide and improve the Services ;
  • to conduct research and compile statistics on usage patterns;
  • to provide anonymous aggregate reporting for internal and external partners;
  • to manage your user account;
  • to communicate with you in general;
  • to respond to your questions and comments;
  • to process transactions;
  • to notify you about promotional offers and Services that may be of interest to you;
  • to send you the Company’s newsletter, provided you do not unsubscribe;
  • to prevent potentially prohibited or illegal activities;
  • to enforce the Terms of Use ;
  • to access to third party services if you connect your account with such third party services;
  • to comply with legal requirements;
  • as otherwise described to you at the point of collection.

The Company may use your GPS information, tracking and flight information (including but not limited to navigation dangers or obstacles such as drones, acrobatic flights, paragliding or the like) in order to generate user data for the Site or the App or to operate and improve the Services.

Please note that your Personal Data may be accessed and stored as necessary for the uses stated above in accordance with this policy. While the Company may share your personal information with agents and contractors in order to perform the functions listed above, including hosting services, credit card clearing services, order fulfillment and website management, we require that they treat your Personal Data, and limit their use, in accordance with the standards specified in this policy.

Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Personal Data collection. The Personal Data may be freely provided by you, or collected automatically when using the Site or the App. Failure to provide certain Personal Data may make it impossible for the Site and/or the App to provide the Services. You assume the entire responsibility for the Personal Data of third parties published or shared through the Site and/or the App and declare to have the right to communicate or broadcast them, thus relieving the Company of all responsibility.

In addition to the information contained in this privacy policy, the Site and/or the App may provide users with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.

Social networks

Functionalities (called plugins) of different social networks operated by third party providers (Facebook, Twitter, Google+) are integrated on the Site and the App and allow you to connect your accounts with the Site and/or the App. These plugins allow users to share Content on social networks. Should you connect your social network account(s) with the Site and/or the App, Personal Data may be communicated to the third party providers. You understand and agree that the Company has no control over the transmission of Personal Data to the third party providers and accept that your Personal Data will be processed by these third party providers. Please refer to the privacy policies of these third party services before connecting your social network accounts with the Site and/or the App.

Payment information

The Company does not hold or store your credit card information. External services, such as Paypal, proceed to the payment through your credit card. You understand and agree with the operation of payments by these external services. Before ordering any product on the Site and/or the App, the different steps of the electronic purchase will be communicated to you. You will receive an automatic confirmation of the product or services purchased on the Site or the App by email.

Public profile

By registering on the Site or the App, you accept that Personal Data such as your profile picture and username will be published and displayed on the Site and/or the App and be publicly available. The Company shall not be responsible for any reproduction, use or referencing (by search engines) of your Personal Data made publicly available on the Site and/or the App.

Electronic Communications Protocols and Cookies

In addition to the information specified above, the Company may collect information about your use of the Site through electronic communications protocols and cookies. As is true when you visit most websites, the Company may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type), referring website and date and time. Collecting this automatic information helps us customize your experience as a user. It allows us to monitor and analyze use of the Site, App and Services and to increase the Site and App’s functionality and user-friendliness.

The Company also uses cookies, embedded URLs and embedded pixels to capture additional information. Cookies are small data files, which are transferred to a computer’s hard disk in order to memorize information like registration IDs and passwords. We further utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by users. We will utilize cookies for identifying your language settings of your device, the promotional offers you subscribed to in and/or session cookies. Session cookies are, unlike persistent cookies, deleted from your computer when you log off from the Site and then close your browser. Please note that you can always choose not to receive a cookie file by enabling your Web browser to refuse cookies or to prompt you before accepting a cookie. However, if you refuse cookies you may not be able to use all portions of the Site or the App or all functionality of the Services.

The Company may re-associate the information provided by the technologies directly above with Personal Data.

Google Analytics

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports, using Google Analytics. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it. Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve the Site or the App. Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the Site before and what site referred the visitor to the web page. Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this page https://tools.google.com/dlpage/gaoptout.

Information Sharing and Disclosure

The Company may use your GPS information and flight information (including but not limited to navigation dangers or obstacles such as drones, acrobatic flights, paragliding or the like) in relation to the Site and/or the App.

The Company may share aggregated information that does not include Personal Data and we may otherwise disclose non-identifying information and log data with third parties for analysis and other purposes. Any aggregated information shared in these contexts will not contain Personal Data.

The Company may transfer your Personal Data to a third party for hosting or processing purposes only.

Security

The security of your Personal Data is very important to us. The Company processes your Personal Data in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Personal Data.

The Personal Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Company, in some cases, the Personal Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as data processors by the Company. The updated list of these parties may be requested from the Data Controller at any time.

In addition, the Company uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as credit card details. When you enter sensitive information such as your credit card number on our site, we encrypt it using secure socket layer (SSL) technology.

In the event that your Personal Data is unduly accessed, or is reasonably believed to have been unduly accessed, by an unauthorized person and applicable law requires notification, the Company will promptly notify you of the breach by email or mail.

System Logs and Maintenance

For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with the App (system logs) or use for this purpose other Personal Data (such as IP Address).

Right to Access your Personal Data

You may at any time, request access to User’s Personal Data collected by the Company, request that inaccurate information be amended, or that the collected Personal Data be erased.

Such request for access must be sent by registered letter with a copy of your ID to : Xample Sàrl, Chemin des Fossaux 10, 1443 Villars-Champvent, Switzerland.

How to Delete Your Personal Data

All users may review, update, correct or delete their Personal Data within their Account. If You would like us to delete Your Personal Data in our system, please let us know by e-mail at the following address at http://xample.desk.com/customer/portal/emails/new and we will attempt to accommodate Your request if we do not have any legal obligation to retain the record.

Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request, as well as any content that you have posted transmitted to a third-party. This may be the case even though no Personal Data about your user account remains in our active users’ databases.

You acknowledge that the use of the internet is not safe and that there are certain inherent risks to your Personal Data. The Company shall make reasonable efforts to protect your Personal Data but it cannot guarantee or warrant that data you provide to the Company is safe and protected from unauthorized third party access and theft and, therefore, waives all liability in this respect.

Links

If any part of the Site contains links to third party’s websites or pages, those third party’s websites or pages do not operate under this Privacy Policy. If you choose to visit third party link, you will be directed to that third party’s website or page. We do not exercise control over third party websites and therefore recommend you to examine the privacy statements posted on these other websites or pages to understand their procedures for collecting, using, and disclosing Personal Data.

Compliance with Laws and Law Enforcement

The Company cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any Personal Data about You to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of the Company or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

Business Transfers

The Company will not use your Personal Data for commercial, promotional or marketing purposes.

The Company may however sell, transfer or otherwise share some or all of its assets, including your Personal Data, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. Your consent to this Privacy Policy followed by your submission of Personal Data represent your explicit agreement to that transfer.

Court of Jurisdiction and Applicable Law

This Privacy Policy and all matters arising out of or relating to it shall be governed by the substantive laws of Switzerland, without regards to principle of conflicts of laws thereof. Any controversy, claim or dispute between a user and the Company arising out of or relating to this policy shall be subject to the exclusive jurisdiction to the ordinary courts of the seat of the Company without prejudice to an appeal to the Swiss Federal Court.

Contacting us

If You have any questions about this Privacy Policy, please contact us at: http://xample.desk.com/customer/portal/emails/new.

Latest date of issue: February 19th, 2015

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