Version: December 27, 2024
The security and protection of your Personal Data is a priority of RadioMontreux Sàrl, registered under the identification number CHE-355.074.239, with registered offices Avenue du Casino 32, 1820 Montreux, Switzerland (the “Company”), operating WIZWOOD (the “Platform”).
The Company is collecting your Personal Data when you are browsing and/or using the Platform.
This Privacy Notice aims to protect the privacy of Users when their Personal Data is being Processed by the Company and while they are using the Platform, either through the Website or Application. This Privacy Notice is applicable to all Users of the Platform. This Privacy Notice should be read in conjunction with the Terms applicable to the Platform.
The Company uses privacy by default standards and undertakes to store and Process the Personal Data of Users in a secured manner and with all appropriate care and attention in accordance with all the Applicable Laws as stated in Appendix A, especially the Swiss Federal Act on Data Protection (FADP).
The definitions available in Appendix A to this Privacy Notice are applicable to the capitalized terms of this Privacy Notice.
Capitalized terms not defined in this Privacy Notice have the meanings set forth in the Terms.
The Company provides this Privacy Notice to describe its procedures regarding the Processing and Disclosure of Personal Data Collected by the Company. This Privacy Notice shall apply to any use of the Platform, either through the Application or the Website, whatever the method or medium used. It details the conditions under which the Company may Collect, keep, use, Process and save information that relates to Users.
[ ] By using the Platform, either by browsing the Website and/or downloading the Application, You acknowledge that you have read and understood this Privacy Notice and agrees to be bound by it and to comply with all Applicable Laws.
Before accessing and/or continuing to use the Platform, You shall first read and understand the terms of this Privacy Notice and any amended versions to this Privacy Notice.
IN THE EVENT OF NON-ACCEPTANCE OF THIS PRIVACY NOTICE, ALL USE OF THE PLATFORM MUST CEASE IMMEDIATELY.
While Processing Personal Data, the Company will be guided by the following principles:
When Processing Personal Data, the individual rights of the data subjects will be protected. Personal. Data will be Collected and Processed lawfully, in a fair manner, in good faith and will be proportionate to the objective.
Personal Data Processed by the Company will be adequate and relevant to the purpose for which they are Collected and Processed. This requires, in particular, ensuring that the types of Personal Data Collected are not excessive to the purpose for which they are Collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.
The data subject is informed of how his/her/its Personal Data is being Processed. This Privacy Notice informs the data subject of:
- the existence of this Privacy Notice;
- the identity of the Data Controller;
- the purpose of Personal Data Processing;
- how, where and by whom the Personal data is being Processed; and
- third parties to whom the Personal data might be transmitted.
Generally, the data subject shall obtain this information for any other Personal Data Collected which are not listed in this Privacy Notice.
Personal Data kept on file will be correct and if necessary, be kept up to date. Inaccurate or incomplete Personal Data will not be kept on file and deleted.
This Privacy Notice applies to all Personal Data which is received during the use of the Platform by Users.
While using the Platform, the Company may collect information such as the IP address of Users, the length of time they spend on the Platform, the browsing history, the device used and other such genera information (the “Cookies Data”), in accordance with the Cookies Policy.
Users may contact the Company through the Platform by filling in the contact form. This implies that Users grant the Company the following Personal Data:
a. Mandatory Personal Data
- First name;
- Last name;
- Email address;
- His/her/its question or message to the Company
b. Optional Personal Data -
- Company name;
- Phone number; and
- Address (street name, street number, ZIP code, city and country);
- Any other Personal Data provided by the User.
(The mandatory and optional Personal Data are referred herein as the “Contact Data”)
Users may subscribe to the Newsletter, granting the Company the following Personal Data:
a. Mandatory Personal Data
- Email address
b. Optional Personal Data
- First name
- Last name
(the "Newsletter Data")
The Platform, operated by the Company, functions as an online marketplace facilitating the exchange of digital and non-digital Content. The Platform also provides discussion forums related to the Content and spaces for general communication and user interaction.
Upon registration and account creation, Users, which are then considered as Members, may:
(the “Functionalities”)
The Functionalities described above involve the Collection and Processing of Personal Data, as detailed in subsequent sections of this Privacy Notice.
a. Account Information
When You register as a Member and create your Account profile, the Company Collects the following Personal Data:
- Email address
- Password
- Name and surname
- Username
- Date of birth
- Gender
- Country of residence
- PayPal account information and email address associated with PayPal for Sellers and Gallery owners
- tax identification number (optional)
- any other relevant information which have been shared by the User or captured/obtained whilst registering.
b. Activity information
When You use the Platform, the Company Collects the following Personal Data:
- the Content shared on the Platform;
- the products and services promoted on the Platform;
- your purchase history;
- all the discussions, comments, interactions that you have on the Platform either with other Users or with the Company;
- your interests in the Content;
- the number of visits, time spent on, and your general use of the Platform;
- all other internal documentation of the User; and
- any other relevant information which may have been captured/obtained while usage of the Platform.
(the account and the activity information are referred herein as the “Platform Data”)
When you sell and/or purchase Content or goods and/or services on the Platform, the Company Collects the following Personal Data:
- Your PayPal account information (email address registered in Paypal account );
- for members who will just be buyers - it is not mandated to share their Paypal email address.
- for members who will just be buyers - it is not mandated to share their Paypal email address. for those who intend to sell / receive commission, it is mandated to share their Paypal email address to receive sales/commission proceeds.
(the “Payment Data”)
All payments will be handled solely by the Payment Provider, namely PayPal. The Company does not hold funds, neither Collects any other payment-related Personal Data, in connection with any transaction. The general conditions and the privacy notice of the Payment Provider are solely applicable.
The following paragraphs detail the purposes for which the Company Collects and Processes the Users’ Personal Data, as specified in Article 5 of this Privacy Notice.
The Company has a legitimate interest to Process Users’ Cookies, to actively monitor, investigate, prevent and mitigate any potentially prohibited or illegal activities, and/or violations of the Terms or the Applicable Laws.
In addition, the Company Processes Users’ Cookies to know who uses the Platform, to ensure that there is no cyber-security threat, as well as to have an initial verification of the Users that use the Platform.
The Company uses the geographical location information of the User to ensure that the Platform will not be used in a country/area where it is expressly prohibited for the Platform to be used.
The Company also Processes Users’ Cookies to evaluate the use of the Platform, to optimize and improve the Website and/or the Application, as well as to analyze the preferences and the patterns of each User to personalize User’s experience of the Platform.
The Company will Process the Platform Data and Payment Data in direct connection with the conclusion or the performance of the contract, respectively with the Terms of the Platform, to which Users are parties when they use the Platform.
Indeed, Collecting and Processing the Platform Data and Payment Data enable the Company to provide its Services through the Platform. Therefore, Users understand that without this Collection and Processing, the Company would be unable to provide its services on the Platform.
a. Generality:
Users are free to communicate to the Company the Personal Data they desire. By voluntarily communicating their Personal Data to the Company, Users expressly Consent that the Company Processes the Personal Data shared with the Company.
For the sake of clarity, the Company also Collects and Processes all the Personal Data Users freely and voluntarily indicate in any communication with the Company, either by phone, by email or by mail, as long as said Personal Data is required to provide an answer to a User, to help the User their use of the Platform and/or with any other kind of service.
b. Communication with the Company (Article 5.2):
For the purpose of allowing Users to contact the Company, the latter needs to Process the Personal Data described under Article 5.2 (a) of this Privacy Notice. By contacting the Company and providing the mandatory Personal Data, Users expressly Consent with the use of their mandatory Personal Data listed under Article 5.2 (a) of this Privacy Notice.
Users are not obliged to communicate the optional Personal Data listed under Article 5.2 (b) of this Privacy Notice but if they do, they expressly Consent with the use of their optional Personal Data listed under Article 5.2 (b) of this Privacy Notice.
c. Newsletter (Article 5.3):
For the purpose of allowing Users to receive the Newsletter, the Company needs to Process the Personal Data described under Article 5.3 (a) of this Privacy Notice. By subscribing to the Newsletter and providing the mandatory Personal Data, Users expressly Consent with the use of their mandatory Personal Data described under Article 5.3 (a) of this Privacy Notice.
Users are not obliged to communicate the optional Personal Data listed under Article 5.3 (b) of this Privacy Notice but if they do, Users expressly Consent with the use of their optional Personal Data described under Article 5.3 (b) of this Privacy Notice.
d. Platform Data (Article 5.4):
For the purpose of allowing Users use the Functionalities of the Platform, the Company needs to Process the Personal Data described under Article 5.4 of this Privacy Notice. By registering as Members and/or using the Platform, and providing the Company with information, Users expressly Consent with the use of their Personal Data, including any sensitive Personal Data that may be included in the Content, described under Article 5.4 of this Privacy Notice.
Users are not obliged to communicate the Platform Data listed under Article 5.4 of this Privacy Notice but if they do, Users expressly Consent with the use of their Personal Data described under Article 5.4 of this Privacy Notice.
By providing any Personal Data to the Company, whether through communication channels, newsletter subscription, or Platform use, You expressly consent to the Processing of such data as detailed in Articles 5.2, 5.3, and 5.4 of this Privacy Notice. This includes both mandatory and any optional data you choose to provide.
[ ] I consent to the Processing of my Personal Data as described in this Privacy Notice.
The Company may disclose User's Personal Data under some circumstances specified in this Article. In any case, the Company shall ensure that an adequate protection is guaranteed for User's Personal Data, especially by using data transfer agreements or data processing agreement (if needed).
In some specific cases, when the level of protection is not guaranteed, the Company will obtain User's prior Consent or establish with the Recipient of Personal Data a contractual framework or sufficient safeguards that ensure an adequate level of protection abroad, especially by using Standard Contractual Clauses. The User may request access to a copy of these safeguards by contacting the Company. The User shall be informed of any cross-border transfer in the event that it occurs.
The Company may disclose Users' Personal Data under some circumstances to its Affiliates (which includes their employees, directors, representants, affiliates and partners), such as:
- Woorfee SA, CHE- 486.120.574, Avenue du Casino 32, 1820 Montreux, Switzerland.
The IT Service Provider, namely Karma Technologies LLC, (which includes its employees, directors, representants, affiliates and partners) may have access to some of the Users' Personal Data in the development operation and/or maintenance of the Platform.
The services agreement between the Company and the IT Service Provider guarantees that data protection principles are respected.
The Company stores Personal Data in servers located in Europe, provided by Woorfee Web Services Sàrl, Avenue du Casino 32, 1820 Montreux, Switzerland.
The hosting agreement between the Company and the hosting company guarantees that data protection principles are respected.
If required from time to time, the Company may disclose Personal Data to public authorities, regulators or governmental bodies, including when required by law or regulation, under a code of practice or conduct, or when these authorities or bodies require the Company to do so.
[ ] I understand and consent to the potential cross-border transfer of my Personal Data as described above and to the disclosure of my Personal Data to the Recipients described above. I acknowledge that I can request information about these transfers and the safeguards in place by contacting the Company.
In accordance with Applicable Laws, the Company will use Users' Personal Data for as long as necessary to satisfy the purposes for which User's Personal Data was Collected and/or to comply with applicable legal requirements.
The Company applies high industry standards and will always apply adequate technical and organizational measures, in accordance with Applicable Laws to ensure that User's Personal Data is kept secure.
In the event of a Breach, the Company shall without undue delay, and where feasible, notify the Breach to the Federal Data Protection and Information Officer, unless said Breach is unlikely to result in a risk to User's rights and freedoms. If the Breach is likely to result in a high risk to User's rights and freedoms, the Company shall communicate the Breach to the User, if it is necessary or when the Federal Data Protection and Information Officer demands it, if it is feasible, without undue delay.
In the cases where GDPR is applicable, in the event of a Breach, the Company shall without undue delay, and where feasible, not later than seventy-two (72) hours after having become aware of it, notify the Breach to the competent supervisory authority, unless said Breach is unlikely to result in a risk to User's rights and freedoms. If the Breach is likely to result in a high risk to User's rights and freedoms, the Company shall communicate this Breach to the User, if it is feasible, without undue delay.
The Company shall not be held liable for any Breach that occurs due to unforeseen circumstances beyond the reasonable control of the Company, including but not limited to natural disasters, acts of war, terrorism, cyber-attacks by third parties, or other events of force majeure. In such instances, the Company is absolved from all liability provided that it has exercised due diligence and adhered to generally accepted industry standards in safeguarding personal data.
The Company will, both at the time of the determination of the means for Processing and at the time of the Processing itself, implement appropriate technical and organizational measures, such as pseudonymization, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the Processing in order to meet the requirements of the Applicable Laws and protect User's rights.
The Company will implement appropriate technical and organizational measures, in order to ensure that by default, only Personal Data which are necessary for each specific purpose of the Processing are Processed.
This obligation applies to the amount of User's Personal Data the Company Collects, the extent of their Processing, the period of storage and their accessibility. These measures will ensure that by default. User's Personal Data is not made accessible without User's intervention to an indefinite number of third parties.
The User has the right to information regarding the data Processed about him/her/it. Indeed, the User has the right to request access to or information about his/her/its Personal Data which are Processed by the Company. The User may visualize the Personal Data the Company Collects and Processes in his/her/its profile information on the account of the Application.
Where provided by Applicable Law, the User, his/her successors, his/her/its representatives and/or proxies may (i) request deletion, correction or revision of User's Personal Data; (ii) oppose the data Processing; and (iii) limit the use and Disclosure of User's Personal Data.
Where the Company Processes User's Personal Data on the basis of his/her/its Consent, User has the right to withdraw that Consent at any time. The withdrawal of Consent shall not affect the lawfulness of Processing based on Consent before the withdrawal.
The User has the right to request erasure of his/her/its Personal Data that: (i) is no longer necessary in relation to the purposes for which it was Collected or otherwise Processed; (ii) was Collected in relation to Processing that User previously Consented to, but later withdraw such Consent; or (iii) was Collected in relation to Processing activities to which User objects, and there are no overriding legitimate grounds for the Company Processing
The User may request to receive his/her/its Personal Data in a structured, commonly used and machine readable format, and to have the Company transmit User's Personal Data directly to another Data Controller, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others (Portability of Personal Data).
In certain circumstances the Company may Process User's Personal Data through automated decision making, including profiling if this should occur.
Where this takes place, User will be informed of such automated decision-making that uses his/her/its Personal Data, be given information on the logic involved, and be informed of the possible consequences of such Processing. In certain circumstances, User can request not to be subject to automated decision-making, including profiling.
The right to request information about the data Processed, and the rights to deletion, correction or revision of a User's Personal Data may be exercised by the User, through its account's profile on the Application.
All the above-mentioned rights can be exercised by contacting the Company at: feedback@wizwood.com attaching a copy of User's ID. If the request is submitted by a person other than the User, without providing evidence that the request is legitimately made on User's behalf, the request will be rejected.
The request is free of charge unless User's request is unfounded or excessive. In such a case, the Company may charge the User a reasonable request fee according to Applicable Laws. The Company may refuse, restrict or defer the provision of Personal Data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.
The Company is the Data Controller of the User's Personal Data listed under Article 5 of this Privacy Notice.
The IT Service Provider (which includes its employees, directors, representants, affiliates and partners) is a Data Processor of Users' Personal Data and Processes these Personal Data on the basis of the services agreement concluded between the Company and the IT Service Provider which ensures a safe conservation of the Personal Data by the IT Service Provider in accordance with all the Applicable Laws.
The Company may modify this Privacy Notice from time to time and will post the most current version on the Website and/or Application.
If the Company makes any material changes it will notify the User by email, prior to the change becoming effective. If a modification reduces User's rights, a pop-up window will inform the User immediately when he/she/it will browse the Website and/or Application and the User will have to accept the changes.
The Website may contain links which direct the User to third party websites, applications, third parties' content, and may also contain information about third parties and/or third parties' content.
The Company rejects any liability relating to the privacy policy in force on said third party websites or applications, the collection and use of User's Personal Data by the latter and relating to the contents of said websites or applications (whether the links are hypertext links or deep links).
Furthermore, the User acknowledges and agrees that using the Website and/or Application could imply downloading or using third party applications. Under no circumstances the Company shall be liable for the utilization of these others applications, especially regarding the Personal Data protection rules.
This Privacy Notice and any questions relating thereto shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict resulting from private international law.
Any dispute relating to this Privacy Notice must exclusively be brought before the courts of Lausanne, Switzerland, subject to possible recourse to the Federal Court.
To ask questions or make comments on this Privacy Notice or to make a complaint about the Company's compliance with Applicable Laws, please contact the Company through:
Email: feedback@wizwood.com or
- RadioMontreux Sàrl
Avenue du Casino 32
1820 Montreux
Switzerland
You can also complain about the Processing of your Personal Data to the Office of the Federal Data Protection and Information Commissioner: FDPIC, Feldeggweg 1, 3003 Bern, Switzerland.
You understand that communicating by email/phone may not ensure confidentiality, integrity and authenticity. The Company will not answer any request which will be considered unsafe or not ensuring User's identity authenticity