Privacy Policy

 

Introduction

We take the privacy of users of our website and/or mobile app (the "Website" and the "Mobile App", respectively) very seriously and are committed to protecting the information users provide to us in connection with their use of our Website and/or Mobile App (collectively, "Digital Assets"). Furthermore, we are committed to protecting and using your information in accordance with applicable law.

 

Please read the Privacy Policy carefully and make sure you fully understand our practices regarding your information before using our Services. If you have read this policy, fully understand it, and do not agree with our practices, you must stop using our digital assets and services. By using our Services, you agree to the terms of this Privacy Policy. Your continued use of the Services constitutes your acceptance of this Privacy Policy and any changes to it.

 

In this Privacy Policy, you will learn:

- What data we collect

- How we collect data

- Why we collect this data

- Who we share the data with

- Where the data is stored

- How long the data is kept

- How we protect the data

- How we treat minors

- Updates or changes to the privacy policy

 

What data do we collect?

Below is an overview of the data we may collect:

 

- Non-identified and non-identifiable information that you provide during the registration process or that is collected through your use of our Services ("Non-Personal Data"). Non-Personally Identifiable Information does not identify who it was collected from. Non-Personal Information that we collect consists primarily of technical and aggregate usage information.

- Individually Identifiable Information, which is any information that can be used to identify you or could be used to identify you with reasonable effort ("Personal Data"). Personally identifiable Information we collect through our Services may include information requested from time to time, such as names, email addresses, addresses, phone numbers, IP addresses, and more. When we combine Personal Data with non-Personal Data, as long as it is in combination, we will treat it as Personal Data.

 

How do we collect data?

Below are the main methods we use to collect data:

 

- We collect data when you use our services. So, when you visit our digital assets and use services, we may collect, record and store usage, sessions and related information.

- We collect data that you provide to us yourself, for example, when you contact us directly through a communication channel (such as an email with a comment or feedback).

- We may collect data from third-party sources, as described below.

- We collect data that you provide to us when you sign in to our Services through a third-party provider, such as Facebook or Google.

- The Mobile App Phobys does only collect data locally on your smartphone to remember the levels you have accomplished. No data will be transmitted.

- The Mobile App Phobys uses the camera only to enable augmented reality (placing the virtual spider). No data from the camera will be stored or transmitted.

 

Why do we collect this data?

We may use your data for the following purposes:

 

- To provide and operate our Services;

- to develop, customize and improve our Services;

- to respond to your feedback, inquiries and requests and to provide assistance;

- to analyze request and usage patterns;

- for other internal, statistical and research purposes;

- to improve our data security and fraud prevention capabilities;

- to investigate violations and enforce our terms and policies and to comply with applicable law, regulation or governmental request;

- to provide you with updates, news, promotional materials and other information related to our services. For promotional emails, you can choose whether you want to continue receiving them. If not, simply click on the unsubscribe link in these emails.

 

Who do we share this data with?

We may share your information with our service providers to operate our services (e.g., storing data via third-party hosting services, providing technical support, etc.).

 

We may also disclose your information in the following circumstances: (i) to investigate, detect, prevent or take action regarding illegal activities or other misconduct; (ii) to establish or exercise our rights of defense; (iii) to protect our rights, property or personal safety and the safety of our users or the public; (iv) in the event of a change of control of us or any of our affiliates (by way of merger, acquisition or purchase of (substantially) all of the assets, et al. a.); (v) to collect, maintain and/or manage your information through authorized third party vendors (e.g., cloud service providers) as appropriate for business purposes; (vi) to work with third party vendors to improve your user experience. For the avoidance of doubt, we would like to point out that we may transfer or disclose non-personal data to third parties or otherwise use it at our discretion.

 

Cookies and similar technologies

When you visit or access our Services, we authorize third parties to use web beacons, cookies, pixel tags, scripts, and other technologies and analytics services ("Tracking Technologies"). These Tracking Technologies may allow third parties to automatically collect your information to improve the navigation experience on our digital assets, optimize their performance and provide a customized user experience, as well as for security and fraud prevention purposes.

We use Google Analytics or similar services on our websites. This is a third-party service, which may be located in any country in the world (in the case of Google Analytics, it is Google LLC in the USA), which allows us to measure and evaluate the use of the website (non-personal). Permanent cookies set by the service provider are also used for this purpose. The service provider does not receive any personal data from us, but can track your use of the website, combine this information with data from other websites that you have visited and which are also tracked by the service provider, and use these findings for its own purposes (e.g. controlling advertising). If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider then takes place under the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our respective website is used (no information about you personally).

To disable tracking, you must activate the so-called "Do Not Track" setting in your browser settings.

 

Where do we store the data?

Non-personal data

Please note that our companies and trusted partners and service providers are located around the world. For the purposes explained in this Privacy Policy, we store and process any non-personal data we collect in different jurisdictions.

Personal Data

Personal Data may be maintained, processed and stored in the United States, Ireland, South Korea, Taiwan, Israel, and to the extent necessary for the proper provision of our Services and/or required by law (as further explained below) in other jurisdictions.

 

How long will the data be retained?

Please note that we will retain the data we collect for as long as is necessary to provide our services, to comply with our legal and contractual obligations to you, to resolve disputes, and to enforce our agreements.

We may correct, amend or delete inaccurate or incomplete data at any time at our sole discretion.

 

How do we protect the data?

The hosting service for our digital assets provides us with the online platform through which we can offer our services to you. Your data may be stored via our hosting provider's data storage, databases and general applications. It stores your data on secure servers behind a firewall and it provides secure HTTPS access to most areas of its services.

 

Notwithstanding the measures and efforts taken by us and our hosting provider, we cannot and do not guarantee absolute protection and security of the data you upload, post or otherwise share with us or others.

For this reason, we ask that you establish strong passwords and, whenever possible, do not provide us or others with confidential information that you believe could cause you significant or lasting harm if disclosed. In addition, because e-mail and instant messaging are not considered secure forms of communication, we ask that you not share confidential information through either of these communication channels.

 

How do we treat minors?

Individuals over the age of 16 may use our services. However, if they wish to access certain features, they may be required to provide certain information. The collection of some data (including data collected through cookies, web beacons and other similar technologies) may be automatic. If we knowingly collect, use, or disclose information collected from a child, we will provide notice and obtain parental consent in accordance with applicable law. We do not condition a child's participation in an online activity on the child providing more contact information than is reasonably necessary to participate in that activity. We will only use the information we collect in connection with the services the child has requested.

 

We may also use a parent's contact information to communicate about the child's activities on the Services. Parents may review data we have collected from their child, prohibit us from collecting any more of your child's data, and request that any data we have collected be deleted from our records.

 

Please contact us to view, update, or delete your child's information. To protect your child, we may ask for proof of your identity. We may deny you access to the data if we believe your identity is questionable. Please note that certain data cannot be deleted due to other legal obligations.

 

We will only use your personal data for the purposes set out in the Privacy Policy and only if we are satisfied that:

 

- the use of your personal data is necessary to perform or enter into a contract (for example, to provide you with the Services themselves or customer service or technical support);

- the use of your personal data is necessary to comply with relevant legal or regulatory obligations; or

- the use of your personal data is necessary to support our legitimate business interests (provided that at all times this is done in a way that is proportionate and respects your data protection rights).

As an EU resident, you may:

 

- request confirmation as to whether or not personal data relating to you is being processed and request access to your stored personal data and certain additional information;

- request to receive personal data that you have provided to us in a structured, commonly used and machine-readable format;

- request the correction of your personal data stored by us;

- request the deletion of your personal data;

- object to the processing of your personal data by us;

- request the restriction of the processing of your personal data; or

- File a complaint with a supervisory authority.

Please note, however, that these rights are not unlimited and may be subject to our own legitimate interests and regulatory requirements. If you have general questions about the personal information we collect and how we use it, please contact us as indicated below.

In the course of providing the Services, we may transfer data across borders to affiliates or other third parties and from your country/jurisdiction to other countries/jurisdictions around the world. By using the Services, you consent to the transfer of your data outside the EEA (European Economic Area).

 

If you are located in the EEA, your personal data will only be transferred to locations outside the EEA if we are confident that there is an adequate or comparable level of protection for personal data. We will take appropriate steps to ensure that we have adequate contractual arrangements with our third parties to ensure that appropriate safeguards are in place so that the risk of unlawful use, alteration, deletion, loss or theft of your personal data is minimized and that such third parties act at all times in accordance with applicable laws.

 

Rights under the California Consumer Privacy Act

If you use the Services as a California resident, then you may be entitled under the California Consumer Privacy Act ("CCPA") to request access to and deletion of your information.

 

To exercise your right to access and delete your information, please see below for how to contact us.

We do not sell users' personally identifiable information for the intent and purposes of the CCPA.

 

Updates or Changes to the Privacy Policy

We may revise this Privacy Policy from time to time at our sole discretion, and the version posted on the Website will always be current (see the "Status" statement). We encourage you to periodically review this Privacy Policy for changes. In the event of material changes, we will post a notice to that effect on our Website. Your continued use of the Services after we have posted a notice of changes on our Website will constitute your acknowledgement and consent to the changes in the Privacy Policy and your agreement to be bound by the terms of those changes.

 

Contact

If you have general questions about the Services or the information we collect about you and how we use it, please contact us at:

 

MindGuide, a division of GeneGuide AG

Birmannsgasse 8

4055 Basel

Switzerland

 

E-mail address: contact@phobys.com

 

DISCLAIMER

The information contained herein is not a substitute for legal advice and you should not rely on it alone. Specific requirements regarding legal terms and policies may vary from state to state and/or jurisdiction to jurisdiction. As set forth in our Terms of Use, you are responsible for ensuring that your Services are permissible under the law that governs you and that you comply with it. To ensure that you are in full compliance with your legal obligations, we strongly recommend that you seek professional advice to better understand which requirements apply to you specifically.

Version: 13. July 2021