Last Modified: April 30, 2014
Last Modified: April 30, 2014
PLEASE READ THE PRIVACY STATEMENT AND ALL REFERENCED OR LINKED MATERIALS CAREFULLY BEFORE USING THE SPOTLIO SUBSCRIPTION SERVICE, AND BEFORE PURCHASING CONSULTING SERVICES AND BEFORE ACCEPTING OUR OFFER AND BEFORE DISTRIBUTING SPOTLIO MOBILE APPS. BY USING THIS WEBSITE OR OUR SERVICES OR CONSULTING SERVICES OR OUR MOBILE APPS, YOU INDICATE YOUR ACCEPTANCE OF ANY UPDATES TO THESE TERMS AND CONDITIONS.
Our Product (“Product”) can provide various software as a service (“SaaS”) tools, API- and other software services (“Services”), Mobile Apps for Smartphones (“Apps”), Consulting and Business Services (“Consulting Services”), all as more thoroughly described on our website at spotlio.com (together with any related sub-domains, the “Website”). Our Product is continuously evolving and the form and nature of the Product and it‘s elements may change from time to time without prior notice.These terms and conditions (these “Terms”) are a legal agreement (“Agreement”) between you (together with the business entity, if any, that you represent, “Customer”), the Customer‘s clients (“Client”) where appropriate (both together “You” or “Your”) and Spotlio AG, with offices in St. Moritz (Switzerland), Vilanova i la Geltrú (Spain), Andorra la Vella (Andorra) and Salzburg (Austria) (all described as “spotlio.com” or “Spotlio” or “we”, “us” or “our”), establishing terms and conditions under which You will access and use our subscription-, SaaS-, consulting services and/or distribute Apps (i) which are publicly accessible or (ii) to which You have access pursuant to our purchase options, and/or subscription plans You have selected (each a “Service” and collectively, “Services”), and/or (iii) another Spotlio offer You have accepted.
BY ACCESSING OUR WEBSITE OR USING OUR SUBSCRIPTION AND/OR OUR CONSULTING SERVICES AND/OR DISTRIBUTING OUR APPS, YOU AND THE BUSINESS ENTITY THAT YOU REPRESENT, IF APPLICABLE, ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE BUSINESS ENTITY YOU REPRESENT. YOU HEREBY COVENANT TO ENSURE THAT ALL USERS THAT GAIN ACCESS TO THE WEBSITE AND/OR THE SERVICES FROM YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT ACCESS AND/OR USE THE SERVICES.
Spotlio is committed to protecting your privacy. This Privacy Statement applies to the Spotlio Website and Services. This statement governs the data collection, processing and usage practices of Spotlio. By using the Spotlio Website or Services, you consent to the data practices described in this statement.
Spotlio‘s Privacy Statement complies with Swiss and EU laws as well as with the U.S. E.U. Safe Harbor framework and the U.S. – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union and Switzerland respectively. Information regarding the both the E.U. and Swiss Safe Harbor Frameworks can be found at: http://export.gov/safeharbor
Spotlio collects information under the direction of its Customers, Spotlio has no direct relationship with the individuals whose personal data it processes. Spotlio works with its Customers to help them provide notice to their customers concerning, the purpose for which personal information is collected.
We collect information for our Customers. If you are a Client of one of our Customers and would no longer like to be contacted by one of our Customers that use our Services, please contact the Customer that you interact with directly. If you are a Customer and would like to update your account please contact us here.
Service Provider and Sub-Processors Onward Transfer
Spotlio may transfer personal information to companies that help us provide our Services. Transfers to subsequent third parties are covered by the provisions in this Statement regarding notice and choice and the service agreements with our Customers.
Access to Data Controlled by our Customers
Spotlio has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Spotlio Customer (the data controller). If the Customer requests Spotlio to remove the data, Spotlio will respond to their Customer’s request within 30 business days.
Spotlio will retain personal data we process on behalf of our Customers for as long as needed provide services to our Customer. Spotlio will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
You can log in to the covered services utilizing sign-in services using an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form.
Spotlio collects personally identifiable information, such as your e-mail address, name, company name, home and/or work address and/or telephone number
In the event that you contact us for customer support through the website, we may also request that you provide additional User Information relevant to the support requested by you. Users are under no obligation to provide such information. However, we cannot guarantee that we can provide customer support in the event that relevant information related to the use of our products or services is withheld. We may retain communications relating to customer support, and/or information drawn from such communications, for statistical and/or reference purposes.
Social Media (Features) and Widgets
Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the “Share This” button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy statement of the company providing it.
Links to Other Websites
Our Site includes links to other Web sites whose privacy practices may differ from those of Spotlio. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.
With your consent we may post your testimonial along with your name.
Our Web site offers publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Spotlio public message boards, blogs, or forums, this information may be collected and used by others. Note: Spotlio does not read your private online communications with others.
Use of your Personal Information
Spotlio collects and uses your personal information to operate the Website and deliver the services you have requested. Spotlio may also use your personally identifiable information to inform you of other products or services available from Spotlio and its affiliates. Spotlio may also contact you via voluntary surveys to conduct research about your opinion of current services or of potential new services. You will always have the option to unsubscribe (see To Unsubscribe From Spotlio below.) Spotlio does not sell, rent or lease its customer lists to third parties in which we do not have a formal agreement to provide services to Spotlio and our customers or prospects. Spotlio does not share personally identifiable information except as described in this policy.
Spotlio may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Spotlio may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries or contact you based on your interest to receive such communications. Such third parties are prohibited from using your personal information except to provide these services to Spotlio, and they are required to maintain the confidentiality of your information. Spotlio does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Spotlio also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites using log files.
There is also information about your computer hardware and software that is automatically collected by Spotlio. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Spotlio for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Website. For these purposes, we do link this automatically-collected data to personally identifiable information such as name, email address, address, and phone number.
The Website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Spotlio pages, or register with Spotlio site or services, a cookie helps Spotlio to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the Spotlio features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Spotlio services or websites you visit. Spotlio keeps track of the websites and pages you visit within Spotlio, in order to determine what Spotlio services are the most popular. This data is used to deliver customized content and advertising within Spotlio to customers whose behavior indicates that they are interested in a particular subject area.
Flash Cookies and Other Third Party Tracking Technologies
The Adobe Flash Player (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your web browser. This technology creates locally stored objects that are often referred to as “Flash cookies.”
Spotlio does not use Flash cookies. However, our Customers of our Services may create pages on the Spotlio platform that employ Adobe Flash cookies. Our Terms of Service requires our Customers to inform you about their use of Flash cookies. Spotlio does not have access or control over our Customers’ Flash cookies, but you may access your Flash management tools from Adobe’s web site directly.
Similarly, our Customers may create pages on the Spotlio platform that use technology from tracking utility companies, such as cookies and web beacons The use of these technologies by our Customers is not covered by our privacy statement. We do not have access or control over these third party tracking technologies.
Clear Gifs (Web Beacons/Web Bugs)
We employ [or our third party advertising partner employs] a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We tie [do not tie] the information gathered by clear gifs to our customer’s personally identifiable information.
We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see Choice and Opt-out.
Control over Third Party Tracking Technologies
Disclose Your Personal Information
Spotlio Websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Spotlio or the site; (b) protect and defend the rights or property of Spotlio (including enforcing this agreement); and, (c) act under exigent circumstances to protect the personal safety of users of Spotlio, or the public.
Access to Personally Identifiable Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, request deletion on our site contacting us. We will respond to all access requests within 30 days. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
If you request that your user information be deleted from our records, there may be a brief delay in our processing that request, while verify that the request is valid and originates from you as opposed to an unauthorized third party. If you request that your information be deleted, we reserve the right to terminate and/or limit your access to the Website.
If you provide Spotlio with user information, you have the following rights with respect to that information:
Security of your Personal Information
No method of safeguarding information is 100% secure. Spotlio uses a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. Spotlio secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When sensitive personal information (such as a credit card number) is collected on our site and/or transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Changes to this Statement
Spotlio will occasionally update this Privacy Statement to reflect company and customer feedback. Spotlio encourages you to periodically review this Statement to be informed of how Spotlio is protecting your information. When such a change is made, we will update the “Last Updated” date above. If we make any material changes we will notify you or our Customer by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
To Unsubscribe from Spotlio
You may unsubscribe from Spotlio marketing communications by clicking on the “unsubscribe” link located on the bottom of the company’s emails. Additionally, you may unsubscribe by contacting Spotlio.
Spotlio’s customers may send emails from our platform with Spotlio’s logo to show our tools capabilities however Spotlio does not control the email addresses directly and therefore cannot unsubscribe you from our customers’ emails on your behalf. Please contact the sender of that email which will include proper unsubscribe links if sent via our product.
It is the express wish of the parties that this agreement and all related documents be drawn up in English.
In the event of a conflict between the Terms of this Agreement and an accepted offer, the terms of the accepted offer shall control, but only as to that offer.
This Agreement shall be governed and interpreted pursuant to the laws of Switzerland, without reference to its conflict of laws principles. You and Spotlio agree that any suit or proceeding arising out of or relating to this Agreement will be brought in the federal and/or state courts, as applicable, in Zurich (Switzerland), and each party irrevocably submits to the jurisdiction and venue of such courts. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
Neither party is authorized to assume or create any obligation or responsibility on behalf of, or in the name of, the other or to bind the other in any manner. Neither party may assign or transfer this Agreement without the other’s prior written consent, except in connection with a merger, acquisition, reorganization or the sale of all or substantially all of assets or stock of such party, which may occur without such consent. Spotlio retains ownership of all intellectual property rights to its Content, technology, software, documentation and tools used in connection with the Apps, Website, Services and/or Content. Notices delivered under this Agreement must be given in writing and will be effective when received. The laws of Switzerland prohibit the export of certain software and data to particular persons, territories, and foreign states. Nothing from this Website may be exported, in any way, in violation of Swiss law.
This Agreement, together with the Terms of Service, any terms and conditions set forth on the Website and any written agreement between You and Spotlio, contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (other than the contracts contemplated above), and cannot be amended except by a writing signed by both parties or as Spotlio may amend its Terms of Service or other web site terms and conditions from time to time. The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If any part of this Agreement is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Spotlio welcomes your comments regarding this Privacy Statement. If you believe that Spotlio has not adhered to this Statement, please contact Spotlio. We will use commercially reasonable efforts to promptly determine and remedy the problem. Spotlio AG is located at Via dal Bagn 3, 7500 St. Moritz, Switzerland. We can be reached by phone at +43 664 194 32 82. If you have any questions about the rights and restrictions above, please contact Spotlio.