1. ABOUT SPAARKD
Your personal information is collected by SPVRKD AG ("SPAARKD", "we" or "us"), registered in Switzerland under company number CHE-260.912.934.
We respect your privacy and are committed to protecting your personal information. This Privacy Policy sets out the information that we collect, the reasons for which we collect the information, and how we can use and share the information. This declaration applies to all services and activities offered and carried out by us.
The Website and Services provided by SPAARKD are not intended to be used by children. It is the responsibility of the person with parental authority to ensure appropriate access restrictions.
Personal data are all items of information that relate to an identified or identifiable natural person. Personal data form the basis for identifying or contacting you as a data subject. Processing includes any handling of personal data, in particular the storage, disclosure, procurement, collection, deletion, storage, modification, destruction and use of personal data.
We process information that a data subject voluntarily and personally provides to us when contacting us - for example, by letter, e-mail, contact form, registering to a user account, social media or phone. All information may be stored in physical and digital address books, in a customer relationship management program or other tools. We may also store and process data we receive legally from third parties, or which are publicly available, as far as the processing of such data is in compliance with the applicable data regulations according to the relevant Swiss and European legislation.
As a company having its registered office in Zug, Switzerland, we comply with the Swiss data protection legislation, in particular with the Federal Act on Data Protection in its current version. In the context of the European General Data Protection Regulation regulations apply which may also be relevant for companies and service providers domiciled in Switzerland. As far as these provisions may be applicable for us, we comply with these provisions.
For the avoidance of doubt, we have no influence on the online monitoring and data processing by Swiss and international security and other authorities that have the corresponding competences.
In the following we summarize which policies we comply with and for what purposes we collect and process personal data via this website and other ways and applications operated by us or affiliated companies.
2. WHAT INFORMATION DOES SPAARKD COLLECT ABOUT ME, AND HOW?
2.1 Users: If you are not an account holder
Information you share with us
You choose to share certain information when using our website or mobile app. We use technology such as "Cookies" to collect information and store your online preferences. Cookies are small pieces of information sent by a web server to a web browser, which allows the server to uniquely identify the browser on each page. Access additional information and update your cookie preferences here (only relevant for the browser version of our services, not for the app). Please note, when Cookies are disabled, you may not be able to use the full functionality of the website.
Information we receive from others
In addition to the information you provide us directly, we receive information about you from others, including Cookies. Access additional information and update your cookie preferences here (only relevant for the browser version of our services, not for the app).
Information collected when you use our Website
- Device information: We may collect information from and about the device(s) you use to access our website, including:
- - hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address); and
- - information on your wireless and mobile network connection, like your service provider and signal strength.
2.2 Community member: If you are an account holder
You choose to share certain information when using our Website and Services. This includes:
- - Contact details: When you provide us with at least some basic details necessary to set your account up, such as your name and contact details. Please note SPAARKD does not collect credit card details.
- - Service data: Please read our Terms and Conditions to understand how any data collected during the provision of our services to you is processed. Service data can include the bank and tax details necessary pay you for your creations.
- - Interactions: When you interact with other websites, including providing comments.
- - Payment data: Please note that we do not collect payment data from you, this will be carried out by third parties such as Stripe, Inc., card providers or any other relevant payment services provider. Please ensure you read and understand the relevant third parties’ privacy policies.
Information we receive from others
In addition to the information, you provide us directly, we receive information about you from others, including:
- - Service providers: We may engage service providers when we need to carry out legally required checks (such as IP checks).
Information collected when you use our Website and Services
We may collect information from and about the device(s) you use to access our Website, including:
- - hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address);
- - information on your wireless and mobile network connection, like your service provider and signal strength; and information on device sensors such as accelerometers, gyroscopes, and compasses.
2.3 Creator: If you are an account holder who creates designs
Additional to the above, you choose to share certain information when using our Website or Services. This includes:
- - Service data: Please see the Creator Terms and Conditions to understand how any data collected during the provision of our services to you is processed. Service data can include the bank and tax details necessary to pay out your proceeds you earn through SPAARKD.
3. WHAT DOES SPAARKD USE MY PERSONAL INFORMATION FOR?
To provide our Services, including:
- - Onboarding you as a creator;
- - Adapting our website and mobile app to your preferences;
- - Creator and customer support;
- - Completing your transactions;
- - Communicating with you about our website and mobile app, including order management and billing;
- - Allowing you to interact with other users; and
- - Enabling you to share website and app content on social media;
- - to be able to improve our services, based on research.
Marketing
As our customer, we will send you information about SPAARKD products and services, unless you opt-out. You may opt out at any time by changing your preferences in your account settings.
If you have allowed us to do so, we will send you marketing material of our selected partners that we believe may be of interest to you. You may opt out at any time by changing your preferences in your account or subscription settings.
E-mail or newsletter subscriptions
If you have subscribed to our marketing emails, we will send you marketing emails with first- and third-party content. We may use pixel tags, web beacons, and/or HTML-formatted email messages or other technologies that track and report back to us the actions recipients take in response to our emails (e.g., whether a message has been opened, read, or deleted, geodata).
Prevention, detection and fighting fraud or other illegal or unauthorized activities
We perform personal information analysis to better understand and design countermeasures against these activities and retain personal information related to fraudulent activities to prevent against recurrences.
Legal compliance
We ensure to comply with legal requirements, assist law enforcement and enforce or exercise our rights, for example our Terms and Conditions.
4. WHAT IS SPAARKD'S LEGAL BASIS TO PROCESS MY PERSONAL INFORMATION?
Legitimate interests
We may use your personal information where we have legitimate interests to do so. For example, for administrative, fraud detection and other legal purposes.
Legal obligation
In some cases, applicable laws may require us to process certain information about you.
Consent
We may ask for your consent to use your personal information for certain specific reasons. For example, using your email address to send you newsletters. You are free to revoke your given consent for the future. You may revoke your consent at any time by contacting us at the address provided at the end of this Privacy Policy or updated your preferences in the account settings.
5. WHO DOES SPAARKD SHARE MY INFORMATION WITH, ANY WHY?
With our service providers and partners
We use third parties to help us operate and improve our website and mobile app. These third parties assist us with various tasks, including personal information hosting and maintenance, analytics, customer care, marketing, advertising, payment processing and security operations.
We may also provide aggregated (anonymized) information to third parties. A list of these third parties is available on request.
In particular, our website works with Google Analytics, a web analysis service of Google Inc. "("Google"), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses cookies, i.e. text files stored on the computer, to analyse the use of the website by the user. The cookie information about this website usage (including the associated IP address) is forwarded to Google servers that may be located outside Switzerland, in particular in the USA, and stored there. Google uses this information to evaluate the website, to generate reports on website activity for website operators and to provide other services in the area of websites and internet usage. Google may share this information with third parties where required to do so by law or where the information is processed by third parties on Google's behalf. The installation of cookies can be prevented by a corresponding browser setting, however, in this case certain website functions may not be able to be used in full. By using the website, the user agrees to the aforementioned data processing by Google for the aforementioned purposes.
For the payment services, we use Stripe. Information on the handling of data at Stripe can be found here: https://stripe.com/de-ch/privacy.
Furthermore, among others, we may use infrastructure of third parties for hosting and storage and other business-related services, in particular cloud services by Amazon (AWS), its Privacy Policy can be found here: https://aws.amazon.com/de/privacy/, but also NetSuite (Business Management), Zendesk (customer support), Narvar (post-purchase/return handling), all of which apply their own privacy policies, too.
A full list of these third parties is available on request.
This Privacy Statement only applies to our handling of data and our own website. Our website may however include links to external websites not bound by the content of this declaration. If you use a link to leave our website, you would be recommended to pay careful attention to the data protection policy of any website you visit.
In corporate transactions
We may transfer your personal information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control. In all such cases, we comply we the applicable data protection regulations.
When required by law
We may disclose your personal information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government/law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.
To enforce legal rights
We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
With your consent or at your request
We may ask for your consent to share your personal information with third parties. In any such case, we will make it clear why we want to share the information.
Social media
We provide social media plug-ins on our website and mobile app which link directly to the relevant social media websites or applications. When you decide to interact with a social network, information will be transferred to the relevant social media website or app about your activity on our services. If you are logged on in one of the social networks during the visit on one of our websites or our mobile app, the social network might add this information to your social media profile.
In particular, this website uses plugins from the social networks Facebook and Instagram, which are operated by Meta, 1 Hacker Wawy, Menlo Park, CA, USA ("Meta"). If you visit our website from Internet pages equipped with such a plugin, a connection to the Meta servers is established. This transmits to the Meta server which of our internet pages you have visited in detail. If you are logged in as a member of Facebook or Instagram, Facebook assigns this information to your personal Facebook/Instagram user account. When using the plugin functions (e.g. clicking the "Like" button, submitting a comment) this information is also assigned to your Instagram/Facebook account, which you can prevent by logging out before using the plugin. You can find more information on the collection and use of data by Meta, on your rights in this regard and on ways to protect your privacy in the Meta data protection information (Meta/Facebook/Instagram, see its privacy policy here: https://www.facebook.com/privacy/policy/)
This website also uses plugins from the social network TikTok, which is operated by TikTok Technology Limited in Ireland and TikTok Information Technologies UK Limited in the United Kingdom. Information on the way TikTok is handling data can be found on its privacy policy: https://www.tiktok.com/legal/page/eea/privacy-policy/de.
In case you do not wish such a data transfer, please log out from the respective social network before you enter our website or mobile app. Please note that if you sign up or log in to the SPAARKD app through a third-party account, you may not be able to switch this off, please see the relevant third-party’s privacy policy for further information.
Please keep in mind that we cannot influence the data collection and data transfer via the social media plug-ins which link directly to the respective social media platform. Please read the relevant third party’s social media privacy policies for detailed information about the collection and transfer of personal data, what rights you have and how you can achieve satisfactory privacy settings.
6. HOW DOES SPAARKD SEND INFORMATION OUTSIDE OF MY COUNTRY?
When we send your personal information outside of your country, we have adequate safeguards in place to do so. This includes International data transfer agreements, Swiss and EU standard contract clauses approved by the European Commission or other suitable safeguard to permit personal information transfers from the European Economic Area (“EEA”) and the European Free Trade Association (“EFTA”) to other countries.
7. WHAT ARE MY PRIVACY RIGHTS?
In certain circumstances, you may exercise the rights available to you under applicable data protection laws (FDAP: https://www.fedlex.admin.ch/eli/cc/2022/491/en and GDPR: https://gdpr-info.eu/). The most important rights of you as a data subject are the following:
Right to information
Where personal data are collected, the data subjects are to be provided with a range of information regarding the collection of data, in particular what data are collected and for what purpose.
Right of access by the data subject
The person affected by the data processing is entitled to demand a confirmation that personal data are processed by him or that this is not the case. Where data is processed, the Swiss and European legislation establish various rights (e.g. the right to obtain a copy of the data).
Right to rectification
The data subject has the right to request the data processor to rectify any inaccurate personal data concerning him/her without delay. Taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
Right to erasure ("right to be forgotten")
The data subject has the right to request that personal data relating to him/her be deleted immediately and the personal data must be deleted immediately if one of the reasons listed in the Swiss or European legislation applies, for example that the data are no longer necessary for the purpose for which they were collected.
Right to restriction of processing
In certain cases, the data subject has the right to restrict the processing of data. If such a restriction is requested, the data may only be retained, but may no longer be processed.
Right of notification
All recipients to whom personal data have been disclosed must be informed of any correction or deletion of personal data or any restriction on processing, unless this proves impossible or involves disproportionate effort.
Right to data transferability
The data subject has the right to receive the data that he/she has provided in a structured, common and machine-readable format and has the right to transfer this data to another data controller, for example to change the service provider. However, this right can only be exercised if the data processing is based on the consent of the data subject or on a contract.
Right to object
The data subject shall also have the right to object at any time, for reasons arising from his or her particular situation, to certain processing of personal data relating to him or her, including profiling based on these provisions. Subsequently, the data may no longer be processed, unless the data processor can prove compelling reasons for the processing which are worthy of protection and which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him/her for the purposes of such advertising, including profiling in so far as it is related to such direct marketing.
Right to waive an automated decision in individual cases
In addition, the data subject has the right not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effect against him or her or significantly affects him or her in a similar manner.
Right to be informed of data protection violations
Should the provisions on the protection of personal data be violated, the person affected by the violation will be informed, provided that this entails a legally sufficient risk for personal rights and freedoms.
Complaints
Data subjects whose personal data we process have a right of administrative complaint to the competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
Organizational and Technical measures for data security
We protect personal data through appropriate technical and organizational security measures and store them on secure servers. The website is protected against manipulation by the usual state-of-the-art measures and against access, modification or distribution by unauthorized persons. This includes taking data protection aspects into account as early as the planning phase of our services ("privacy by design"), and our new products or services are offered with data protection-friendly default settings ("privacy by default").
Transfer of data to third parties
We are entitled to pass on your personal data to service providers for the purposes of the contract. These are, for example, cloud service providers, other providers of services relevant to the provision of corporate services, including, for example, IT service providers, consultants and lawyers and state authorities. These third parties are also obliged to comply with the legal provisions on data protection. A complete list of the data processors involved can be requested from us.
You can exercise your rights at any time by contacting the person who’s responsible for data protection related matters listed at the end of this Privacy Policy. We respond to all requests we receive from users in accordance with applicable data protection laws. We may ask you to provide proof of identity before we can answer the above requests. In some cases, we may reject requests for certain reasons (for example, if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user).
8. HOW DOES SPAARKD PROTECT MY PERSONAL INFORMATION?
Keeping you and your personal information secure is very important to us. We have implemented, and will maintain current, reasonable physical, technical, and organizational security measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.
9. HOW LONG DOES SPAARKD RETAIN MY PERSONAL INFORMATION?
Your personal information will be stored in accordance with applicable laws and kept for as long as needed to carry out the purposes described in this Privacy Policy or as otherwise required by applicable law.
10. CHANGES TO THIS PRIVACY POLICY AND POINTS OF CONTACT
Further development of our websites and apps and the implementation of new technologies to improve our service for you may require changes to this Privacy Policy. Any changes we may make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back regularly to keep informed of updates or changes to this Privacy Policy.
The data processing will always be subject to the Privacy Policy in the newly updated version on this page.
If you have any questions or requests regarding this Privacy Policy and the processing of data, please contact the responsible person at SPVRKD AG, Baarerstrasse 78, 6300 Zug.
André Terlinden
Last updated: 22 Nov 2023