Effective Date: June 5, 2023

Privacy and Cookies Policy

This Privacy and Cookies Policy ("Policy") describes how AppyGuide ("we," "us," or "our") collects, uses, shares, and protects personal data obtained from users ("you" or "users") of our website and services. We refer to our product and services collectively as the “Services.” This Policy applies to all users, including those in the European Union (EU) and the United States (US).

Consent and Agreement

Your acceptance of this Privacy Policy is crucial for us to provide you with our Services. By using our Services, you are implicitly agreeing to this Privacy Policy. However, when it comes to collecting your personal data, we believe in explicit consent. We have mechanisms in place to obtain your clear and unequivocal consent before we collect any such data. These mechanisms are easily accessible and straightforward to ensure a transparent process. If at any point you wish to withdraw your consent, you may do so by contacting us through the details provided in the 'Contact Us' section. Please note that withdrawing your consent may affect the provision of our Services to you.

  1. 1. Personal Data Collection

    We collect information about you through the means discussed below. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use our Services.

    For example, we collect information from you through:

    • The Services you use or processing your orders
    • Requests or questions you submit to us via email or otherwise
    • Your participation in sweepstakes, contests, or surveys
    • Any reviews that you submit about the Services
    • Account registration and administration of your account
    • Requests for customer support and technical assistance

    While parts of the Services may not require you to provide any information that can directly identify you by name (such as if you choose to browse the website without logging in), the specific types of information we collect will depend upon the Services you use, how you use them, and the information you choose to provide. The types of data we collect directly from you includes:

    • Email address
    • Your full name
    • Log-in credentials, if you create AppyGuide account
    • Information about purchases or other transactions with us
    • Information about your customer service interactions with us
    • Any other information you choose to directly provide to us in connection with your use of the Services

    If you request that your purchase be provided to someone other than yourself (such as a gift recipient), we use the information you provide about the other person to fulfill the purchase and delivery of our Services.

    Additionally, we collect browser data, including IP addresses, through Cloudflare and Google Analytics. This passively collected data is retained for up to one year. We only collect data that users explicitly provide, such as name and email. We do not collect or store payment card information; Stripe collects and stores that information on our behalf.

  2. 2. Use of Personal Data

    We use the collected personal data for the following purposes:

    • Provide the Services you have requested, including registration and purchase confirmations
    • Send you notifications, for which you have opted into
    • Send you notifications, for which you have opted into
    • Respond to your request for information and provide you with more effective and efficient customer service
    • Provide you with updates and information about the content you purchased
    • Secure our website and resolve any technical issues being reported
    • Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
    • Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others
    • With your consent, we may use your personal data, such as your email address, to send you promotional material about our services. You can opt out of receiving these marketing communications from us at any time by contacting us directly. Please refer to the 'Contact Us' section for details on how to reach us.
  3. 3. Sharing of Personal Data

    We provide access to or share your information with select third parties who perform services on our behalf. They have access to perform these services but are prohibited from using your information for other purposes. These third parties include:

    We ensure that any third party we share personal data with maintains appropriate data protection standards.

    We do not collect or store your payment card information; Stripe collects and stores that information on our behalf. You can view Stripe's privacy policy here: https://stripe.com/privacy
  4. 4. Data Security

    We prioritize the security of user data and have implemented reasonable measures to safeguard it. Access to systems storing user data is limited to authorized personnel only. User data is encrypted at rest through Digital Ocean and transmitted securely over HTTPS.

  5. 5. User Rights

    Users have the following rights regarding their personal data:

    • Right to request a copy of their stored data: You may request a copy of your personal data that we have on file. Upon your request, we will provide a digital copy of your data that we have processed.
    • Right to withdraw consent: You have the right to withdraw your consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
    • Right to request deletion of non-business-critical data (account deletion from our web app, but we’ll retain card transaction history inside Stripe): You have the right to request that we delete your personal data, subject to certain exceptions. This is also known as the 'Right to be Forgotten.' Note that we retain transaction history as required for financial record-keeping purposes and compliance with tax law.
    • Right to rectify data: If you believe that the personal data we hold about you is incorrect or incomplete, you have the right to request to see this information, rectify it, or have it deleted.
    • Right to restrict or object the processing of your data: In certain circumstances, you have the right to restrict or object to the processing of your personal data. This means you can limit the way we use your data or make an objection to the way we are using it.
    • Right to data portability: This right allows you to obtain your personal data in a format which enables you to transfer that data to another organization. You may have the right to have your personal data transferred by us directly to the other organization, if this is technically feasible.
    • Right to Opt-In and Opt-Out of Marketing Communications: You have the right to choose whether to receive marketing communications from us. If you decide to opt-in, we will use your personal data to send you promotional material about our services. You can opt-out at any time, either by contacting us directly.

    To exercise these rights, please contact us using the information provided at the end of this Policy.

  6. 6. Cookies and Similar Technologies

    We use cookies to determine logged-in status. Additionally, external providers such as Google, Mux, and Stripe may collect cookies from our users. By using our website and services, you consent to the use of cookies and similar technologies.

    Managing Your Cookies: You have the ability to control the use of cookies. Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. For more information about how to manage browser cookies, please follow the instructions provided by your browser.

    Please note that if you block or delete cookies, some portions of the Services may not work properly. Some cookies are necessary for the operation and security of the Services, and some cookies help us to provide you with a better experience. For example, we need to remember your selected preferences and we use information about your interactions with the Services to optimize the services we provide.

    Third-Party Cookies: Some of our third-party partners may use cookies or other technologies to collect information about your online activities over time and across different websites. We are not responsible for the functioning of cookies and other technologies used and placed by third parties on your device.
    Opting Out: Some of our third-party partners are members of the Network Advertising Initiative or the Digital Advertising Alliance. If you do not wish to receive targeted advertising, you may be able to opt-out by visiting the websites of the Network Advertising Initiative, the Digital Advertising Alliance, or other similar services. European users may opt out of receiving targeted advertising through the European Interactive Digital Advertising Alliance.
  7. 7. Legal Basis for Processing Your Personal Data

    Our legal basis for collecting and using the personal data described above will depend on the personal data concerned and the specific context in which we collect it. However, we will normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you (i.e., to deliver the Services you have requested), or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal data from you or may otherwise need the personal data to protect your vital interests or those of another person. Our primary legal basis for collecting and using your personal information is to perform our contract with you (Article 6(1)(b) of the General Data Protection Regulation). That is, we require this information to provide you with our Services, fulfill our contract with you, and enable you to enjoy and easily navigate our Services.

  8. 8. Compliance with Swiss and EU Privacy Laws

    AppyGuide, based in Switzerland, follows privacy laws consistent with the European Union (EU) to protect user privacy rights and ensure compliance with applicable regulations.

  9. 9. Children's Privacy

    The Services are intended for users who are 18 years of age or older. We do not knowingly collect, use, or disclose personal information from children under the age of 18 without valid parental consent. If we become aware that a user is under 18 and has provided us with personal information without valid parental consent, we will take steps to remove such information and terminate the child's account.

  10. 10. Changes to our Privacy Policy

    We reserve the right to amend this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Privacy Policy accessible through the Services, so you should review the Privacy Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Date of Last Revision" included at the beginning of the document.

    If we make a significant change to the Policy, we will notify you in accordance with legal requirements, such as by sending you an email or displaying a prominent notice on our Services. By continuing to use the Services after such changes, you are confirming that you have read, understood, and agreed to the latest version of this Privacy Policy.

  11. 11. Contact Us

    If you have any questions, concerns, or requests regarding this Policy or the handling of your personal data, please contact us at AppyGuide Sarl, Chemin Fin d’Enhaut 10, Switzerland 1269.