1. Purpose
1.1. The purpose of this Privacy Policy is to inform Users about the nature of the personal data collected and processed by Smeetz, as well as about the purpose of this processing and Users' rights in terms of the personal data collected.
1.2. This Privacy Policy applies in addition to the general terms and conditions as well as to other documents included in the Contractual Documentation. Should there be a divergence between the general terms and conditions and these terms and conditions, the latter shall take precedence.
1.3. In case of disagreement with this Policy, the User is invited not to use the Website, the App or the Platform and not to communicate his personal data.
1.4. A summary table of the data processed is attached to this Privacy Policy.
2. Data Collected
2.1. Information collected automatically. By consulting the Website or by using the App, certain data concerning the User is collected automatically (IP address, location, pages on the Platform consulted, date and time of consultation, cookies or similar technologies, browser preferences, operating system, access data, etc.). In addition to data collected directly by Smeetz, some data may be collected by other service providers such as Google Analytics, Hubspot or Hotjar. Only the privacy policies of these service providers are applicable when they collect data and Smeetz cannot be held liable for data processing of these third party companies. To learn more about the use of cookies, please consult the Cookie Management Policy.
2.2. Information provided freely by users. The User may be required to provide personal data in order to use the Services offered by Smeetz. The data necessary for the use include :
1) For all Users : the email address, first name, last name, respectively the company name.
2) For Buyers : the delivery address, billing address, password.
3) For Organisers and Sellers : the field of activity, Sellers’ bank details, descriptions of personal abilities related to the activities offered on the Platform.
This data is mandatory and the lack thereof may render the provision of these Services impossible. In addition to the data required for accessing the Services, the User may provide optional data such as a photograph, interests, hobbies, biography, recreational activities, saved payment methods, etc., on a voluntary basis. The data necessary for use (mandatory) is referred to in the forms in the fields with an asterisk, which indicates that the form cannot be validated without filling in the dedicated field.
2.3. Informations provided by third parties. By registering on the Website via a social network login or by linking to its user account such service providers (e.g. Facebook, Google, Swisspass), the User grants Smeetz permission to access, collect and use the information related to the social media profile (name, first name, e-mail address, friends list, likes, etc.). To improve the content of the offers proposed by Smeetz based on the User’s interests, said User may also decide to share with Smeetz data collected by third parties such as Spotify, Linkedin, or any other internet service provider that can link to his/her user account from the dedicated Platform page used for this purpose.
2.4. Information concerning minors. No data concerning minors under the age of 13 is collected. Data that might be collected unintentionally is destroyed as soon as possible. Personal data of minors between the ages of 13 and 16 can be collected with the consent of parents or legal guardians.. Minors may not register on Smeetz for Business.
2.5. Information related to the use. By using the Smeetz Services, certain data is collected. This includes events visited, Tickets purchased or sold, photos, videos, descriptions of activities offered.
3. Use of collected data
3.1. Data collected automatically. The data collected automatically allows Smeetz to analyze the behavior of Users on the Website, traffic and preferences, in particular to optimize and improve the quality of its Services.
3.2. Data provided by Users or by third parties. Smeetz processes and uses the data necessary to fulfill its contractual obligations and to verify compliance with the terms and conditions of use. The processing of this data also makes it possible to provide personalized content to better meet User expectations.
3.3. Data collected when using the Services. Smeetz also records User behavior on the Platform in order to provide personalized content to better meet User expectations and improve the quality of its Services.
4. Communication and transmission of data
4.1. The User's personal data will not be transmitted to third parties with the intention of using them for direct marketing purposes.
4.2. The User's personal data may be transmitted or communicated to third parties in the cases listed in the attached table and in particular in the following cases :
1) for the purpose of executing the contract between Buyer and Seller. Data collected during a Ticket purchase may also be used to promote similar or identical items that may be of interest to the User;
2) for the purpose of fulfilling obligations under the terms and conditions applicable to Organizers affiliated with a « Destination » or similar programs, in particular to provide Smeetz customers with (As defined in the Software as a Service contract - the SaaS Contracts - concluded between a « Destination » or a similar Client and Smeetz) a record and usage data of Authorized Users (as defined in the respective SaaS Agreements) ;
3) for the purpose of fulfilling the obligations arising from the subscription to a Plan (As defined in the Terms and conditions for the use of Smeetz for Business ;
4) in connection with the provision of services on behalf of Smeetz ;
5) when the User has agreed to them;
6) when required by law or communication is reasonably necessary to implement a court decision or to respond to a legal claim ;
7) in the event of a merger, acquisition of the company or divisions thereof by another company.
4.3. It should be borne in mind that the processing of data by third parties to which Smeetz may be required to communicate data falls exclusively under the privacy policy of said third parties. Smeetz cannot be held liable for the use of this data.
4.4. Smeetz reserves the right to anonymize certain data for the purpose of transmitting it to third parties for research, statistical or marketing purposes.
5. User rights
5.1. Right of access and right to data portability. The User may at any time request that the personal data stored by Smeetz about him or her be transmitted in a structured, commonly used and machine-readable format. In addition, the User may request Smeetz to transfer such personal data directly to another controller, which Smeetz will do within a reasonable period of time and to the extent technically possible.
5.2. Droit of rectification. User whose data is inaccurate or incomplete have the right to obtain it for rectification.
5.3. Droit to withdraw and/or object. The User may at any time object to the collection or processing of certain data concerning him/her (opting out). This objection may result in the termination of the use of the Website, App or Platform. In particular, if an Authorized User opts out of the transmission of data to Smeetz customers by an Authorized User (art. 4.2(2)), the latter will be removed from the program (i.e. from the List of Authorized Users) and will no longer benefit from the advantages offered by the Destination or similar Smeetz customer.
5.4. Right to erasure. The User has the right to request the erasure of his/her personal data if their use is no longer necessary or if the User no longer agrees with the processing of his/her data. The data will be deleted as soon as possible, unless otherwise provided by law or contractual agreement.
5.5. Exercice of rights. To exercise the rights above, the User can make a request at any time to the following address : support@smeetz.com
6. Security
6.1. Smeetz takes the protection of its Users' data very seriously and is committed to handling their personal data confidentially and with the utmost care. In particular, Smeetz takes appropriate security measures to prevent unauthorized access, disclosure, alteration or destruction of collected data in accordance with the Swiss Federal Data Protection Act (DPA) and the related ordinance (DPAO). However, although some personal data is encrypted, Smeetz cannot guarantee full and complete protection of the data against unauthorized processing due to the risks associated with the use of the Internet and electronic means of communication.
7. Data retention
7.1. The data collected by is retained for as long as the purpose for which it was collected so requires, subject to legal provisions providing for longer data retention periods. After this time, personal data will be deleted.
8. Modifications
8.1. Smeetz reserves the right to modify its Privacy Policy at any time. The modifications will be published on the Website and will come into force as of the date of posting.
8.2. The Online Privacy Policy is applicable. By continuing to browse the Site or the App, the User accepts the privacy policy in force.
Summary table of the data processed