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Privacy Policy

EYEWARE BEAM SOLUTION | Privacy Notice

  1. Introduction

We recognize the importance of your privacy and of transparency in our processing of your personal data.

At Eyeware Tech SA (we, our or Eyeware), we recognize the importance of your privacy and of transparency in our processing of your personal data. This privacy notice (Privacy Notice) informs you on the personal data we collect and process in connection with the provision of our beam solution (the Beam Solution) and/or the services provided through the Beam Solution (together with the Beam Solution, our Services).

By accessing and using our Services, you expressly acknowledge that we may collect and process your personal data in accordance with this Privacy Notice.

This Privacy Notice is incorporated into and forms an integral part of our terms of use for the Beam Solution (ToU). All capitalized terms not defined in this document have the meaning given to them in the ToU.

  1. Short Version

The following is a brief summary of (but not a replacement for) this Privacy Notice:

  • Eyeware Tech SA is responsible for the processing, as controller, of your personal data. This Privacy Notice, however, only applies to our activities, and not to those of third party providers (even if we link to their services or contents) (see section 3);
  • As part of our operation of the Services, we may collect personal data which is provided to us by you, or which we collect automatically when you interact with the Services (see section 4);
  • We process such personal data in compliance with Swiss laws and other laws applicable to us, mainly for the purpose of providing our Services, in particular to operate the Beam Solution. We may also process your personal data to communicate with you, process your orders and payments, send our newsletter, analyze and improve the use of our Services, comply with our legal obligations, and for the other legitimate purposes indicated in this Privacy Notice (see section 7, as well as sections 5 and 6);
  • Your personal data is stored in Switzerland and in the E.U. We do not share it with third parties or transfer it abroad unless this is both necessary for the operation of our Services and permitted by applicable laws. This may for instance be the case when we use service providers or must interact with third parties to conduct our professional activities (see sections 8 and 9);
  • We do not store your personal data for longer than necessary for us to fulfill the purposes set out in this Privacy Notice (see section 10);
  • We apply security measures and strive to protect your personal data. However, no IT infrastructure is completely secure and we cannot guarantee that our is (see section 11);
  • You may contact us ([email protected]) to exercise your rights pertaining to your personal data (see sections 13 and 14).
  1. Who is responsible for the processing of your personal data

Eyeware Tech SA, rue Marconi 19 Centre du Parc 1920 Martigny, Switzerland, is responsible for the processing, as controller, of your personal data. You will find our contact details below in Section 12.

This Privacy Notice only applies to processing undertaken by or on behalf of us. Whilst we may provide links to third party websites, contents, or services, we are not responsible for their policies in relation to personal data. In such circumstances, the collection and use of your personal data are governed by the privacy policy of those third party providers, which you should carefully review to learn more about their personal data processing practices.

  1. How we collect your personal data

We collect the personal data that you  provide to us.

We collect the personal data that you provide to us when using our Services, for example when you use our Beam Solution, place an order or communicate with us, when you create and/or manage your account, through web forms you fill, when you subscribe to our newsletter.

Some information is mandatory and some is optional.

It is mandatory that you complete the data fields identified by an asterisk. If one or more mandatory data fields are not completed, we will not be able to provide access to our Services. You are not required to complete the optional data fields in order to access our Services.

We also collect personal data from third parties.

We enable third-party developers to integrate our Beam Solution into their own applications (our Partners), in which context we share some information automatically.

If you are a user or customer of any of our Partners (a User-of-a-Partner), please read the following: this Privacy Notice does not address how our Partners collect and use your personal data. If you would like to make any requests or queries regarding your personal data, please contact such Partner(s) directly. For example, if you wish to request to access, correct, amend, or delete inaccurate personal data that was originally collected by one of our Partners, please direct your query to the relevant Partner. If we are requested by our Partners to remove any User-of-a-Partner’s personal data, we will respond to such request in a timely manner upon verification and in accordance with applicable law (for example, thirty (30) days under Swiss law or the GDPR).

Certain personal data are also collected in an automated manner.

We also automatically collect personal data, including by means of tools, web forms and other active elements, as further described in this Privacy Notice. You may define certain authorizations relating to the automatic collection of your personal data when you configure your device according to available functionalities.

  1. How we process your personal data

We process your personal data by automated means for the purposes indicated in this Privacy Notice and in accordance with applicable law.

We process your personal data in compliance with applicable law, in particular Swiss data protection laws and, to the extent they apply to us, other data protection legislations, such as the EU General Data Protection Regulation (GDPR) or its equivalent in the United Kingdom, using computers or computer tools, in line with the purposes set out in this Privacy Notice.

We do not process your personal data to create a profile about you (profiling). We also do not make decisions exclusively on the basis of an automated processing which have legal effects on the data subjects or affect them significantly (automated individual decision.

We take the technical and organizational appropriate security measures to prevent unauthorized access, disclosure, modification, alteration or destruction of your personal data, as specified in Section 11 below.

  1. On which legal ground do we process your personal data

We process your personal data only if we have a valid legal ground to do so.

We will only process your personal data if we have a valid legal ground for doing so. Depending on the processing activity carried out, we will therefore only process your personal data if:

  • The processing is necessary to fulfill our contractual obligations to you or to take pre-contractual steps at your request (Contractual Necessity);

This is the case in particular when processing your personal data is strictly required to provide you with the Services, as further specified in section 7 below. When the GDPR applies, Contractual Necessity is based on Article 6(1)(b) GDPR;

  • The processing is necessary for the fulfillment of our legitimate interests, and only to the extent that your interests or fundamental rights and freedoms do not require us to refrain from processing (Legitimate Interest);

Our Legitimate Interests include in particular (i) ensuring that our Services are provided in an efficient and secure way (e.g. through internal analysis of the Services’ stability and security, updates and troubleshooting, as well as support services); (ii) improving and developing the Services (including monitoring the use of our Services, and for statistical purposes); (iii) benefiting from cost-effective services (e.g. we may opt to use certain services offered by suppliers rather than undertaking the activity ourselves); and (iv) achieving our corporate goals. When the GDPR applies, Legitimate Interest is based on Article 6(1)(f) GDPR;

  • We have obtained your prior consent in a clear and unambiguous manner (Consent);

When the GDPR applies, Consent is based on Article 6(1)(a) GDPR;

  • The processing is necessary to comply with our legal or regulatory obligations (Legal Obligation);

Finally, we will process your personal data if we are required by law to do so, as further specified in section 7 below. When the GDPR applies, Legal Obligation is based on Article 6(1)(c) GDPR.

  1. Purposes for which we process your personal data?

We process your personal data for legitimate and clearly identified purposes:

Your personal data is collected and processed for the purpose of operating the Services and for the other legitimate purposes explicitly specified below, only to the extent relevant to achieve these purposes, and is not further processed in a manner that is incompatible with them.

We process your personal data for the following purposes:

To operate the Beam Solution and provide the related Services.

We mainly process your personal data to provide the Beam Solution and the Services, based on our Contractual Necessity to do so, including for creating and maintaining a user account, interacting with you, providing you with the requested Services, as well as for customer and user management purposes.

Your account information is retained for as long as your account is active. If you suppress your user account, your account information will be deleted or anonymized within 30 days after such event, unless data must be retained for a valid reason (such as evidentiary or tax purposes). This does not include log files, which are automatically deleted or anonymized 30 days after their collection.

To contact you and respond to your queries.

You have the option of contacting us via the Beam Solution by email. In this context, we process the data which you provide to us (including your contact information and the subject-matter of the request). This data is used for the purpose of providing you with the requested information and services, based on our Contractual Necessity.

The retention period depends on the reason for your request and its context.

To send you our newsletter and other advertising information.

If you subscribe to our newsletter, we will collect your contact details (name and email address) and use it to provide you with our newsletter, based on your Consent. You may unsubscribe from the newsletter service at any time, in which case your contact details will be deleted.

We also process the time of registration and your opt-in confirmation based on our Legal Obligation to demonstrate compliance. We also analyze your use of our newsletter, e.g. whether you have opened it or clicked on certain links, and process this data to optimize and improve our newsletter, based on our Legitimate Interest.

Independently from your subscription to our newsletter, we may also contact you by email to inform you about our activities if you have previously subscribed for the use of our Services or purchased a similar product or service from us, if you have not objected to the corresponding use of your email address. You can object to the use of your email address for this purpose at any time by contacting us (see contact detail in section 14). The legal basis for the corresponding processing of your data is our Legitimate Interest to advertise certain sales offers and activities relating to our previous interactions with you.

To comply with our other Legal Obligations or for other Legitimate Interests.

We may further process your personal data if we have a Legal Obligation to do so or for other Legitimate Interests. This will for instance be the case if we need to disclose certain information to public authorities or retain such information for tax or accounting purposes, or for the establishment, exercise or defense of legal claims.

The personal data that we process for this purpose are those that we collected for one of the purposes indicated elsewhere in this section 7. We retain the personal data for the duration of the legal obligation imposed on us.

If we have obtained your consent.

In addition to the above, we may process your personal data if we have obtained your prior unambiguous consent for specific purposes. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

  1. How long we store your personal data?

Your personal data will not be stored longer than necessary.

We will erase or anonymize personal data as soon as it is no longer necessary for us to fulfil the purposes set out in section 7 of this Privacy Notice. This period varies, depending on the type of data concerned and the applicable legal requirements. More information on each type of processing can be found in section 7 above.

Your account information is retained for as long as your account is active. If you suppress your user account, your account information will be deleted or anonymized within [30] days after such event, unless data must be retained for a valid reason (such as evidentiary or tax purposes).

In view of the legal obligations incumbent upon us, certain information relating in particular to the contractual relationship must be retained for at least 10 years.

  1. Security

We maintain physical, technical and procedural safeguards to keep secure your personal data.

We are committed to the security of your personal data, and have in place physical, administrative and technical measures designed to keep secure your personal data and to prevent unauthorized access to it. We use two-factor authentication whenever possible. We restrict access to your personal data to those persons who need to know it for the purpose described in this Privacy Notice. In addition, we use standard security protocols and mechanisms to exchange the transmission of sensitive data.

Although we take appropriate steps to protect your personal data, no IT infrastructure is completely secure. Therefore, we cannot guarantee that data you provide to us is safe and protected from all unauthorized third-party access and theft. We waive any liability in this respect.

The internet is a global environment. As a result, by sending information to us electronically, such data may be transferred internationally over the internet depending upon your location. Internet is not a secure environment and this Privacy Notice applies to our use of your personal data once it is under our control only. Given the inherent nature of the internet, all internet transmissions are done at your own risk.

If we have reasonable reasons to believe that your personal data have been acquired by an unauthorized person, and applicable law requires notification, we will promptly notify you of the breach by email (if we have it) and/or by any other channel of communication (including by posting a notice on the Beam Solution).

  1. How we use cookies or other analytical tools

We do not use cookies in relation with the Beam Solution.

Cookies are small files of letters and numbers downloaded on to your computer when you access certain websites. In general, cookies allow a website to recognize a user’s computer. They may be used to monitor and analyze how users interact interactions with a website or other service, to improve it and its functionalities, and/or customize it depending on users’ interactions. For more information on cookies, please visit the website http://www.allaboutcookies.org.

We do not use cookies in relation to the Beam Solution.

DoubleClick: We use Google Analytics remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the DoubleClick opt-out page or the Network Advertising Initiative opt-out page.

  1. Your rights with regard to the processing of your personal data

You have the right to access your personal data we process and may request in particular that they be removed, updated, or rectified.

Unless otherwise provided by law, you have the right to know whether we are processing your personal data. You may contact us to know the content of such personal data, to verify its accuracy, and to the extent permitted by law, to request that it be supplemented, updated, rectified or erased. You also have the right to ask us to cease any specific processing of personal data that may have been obtained or processed in breach of applicable law, and you have the right to object to any processing of personal data for legitimate reasons.

By accessing your user account (if you have one), you can review, update, correct or delete the personal data available within your user account.

If you request us to delete your personal data from our systems, we will do so unless we need to retain your data for legal or other legitimate reasons. Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request.

Where we rely on your consent to process your personal data, we will seek your freely given and specific consent by providing you with informed and unambiguous indications relating to your personal data. You may revoke at any time such consent (without such withdrawal affecting the lawfulness of processing made prior to).

The above does not restrict any other rights you might have pursuant to applicable data protection legislation under certain circumstances. In particular, if the GDPR applies to the processing of your personal data the GDPR grants you certain rights as a data subject if the respective requirements are met:

  • Right of access (15 GDPR) – you have the right to access and ask us for copies of your personal data.
  • Right to rectification (16 GDPR) – you have the right to ask us to rectify personal data you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
  • Right to erasure (17 GDPR) – you have the right to ask us to erase your personal data in certain circumstances.
  • Right to restriction of processing (18 GDPR) – you have the right to ask us to restrict the processing of your personal data in certain circumstances.
  • Right to data portability (20 GDPR) – you have the right to ask that we transfer in a structured, commonly used and machine-readable format the personal data you gave us to another organization, or to you, in certain circumstances.
  • Right to object to processing (21 GDPR) – you have the right to object to the processing of your personal data which is based on our Legitimate Interests, in certain circumstances. In such case, we will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms or where the processing is necessary for the establishment, exercise or defense of legal claims.

As a rule, you are not required to pay any charge for exercising your rights and we will respond to your request within one month.

You will find further details of your rights in sections 5 and 7 of this Privacy Notice in connection with each processing activity we perform. If you want to exercise any of your rights, or want additional information about them, please contact us using the contact detailed listed below (see section 14).

You have the right to lodge a complaint with the competent authority.

If you are not satisfied with the way in which we process your personal data, you may lodge a complaint with the competent data protection supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, in addition to the rights described above.

Although this is not required, we recommend that you contact us first, as we might be able to respond to your request directly.

  1. Contact Us

If you believe your personal data has been used in a way that is not consistent with this Privacy Notice, or if you have any questions or queries regarding the collection or processing of your personal data, please contact us at [email protected]

  1. Updates to this Privacy Notice

This Privacy Notice may be subject to amendments. Any changes or additions to the processing of personal data as described in this Privacy Notice affecting you will be communicated to you through an appropriate channel, depending on how we normally communicate with you (including by email and/or via the Beam Solution, e.g. banners, pop-ups or other notification mechanisms). If you do not agree to the changes made, you must stop accessing and/or using the impacted Services.

 

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Last updated: 30.07.2021

 

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