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Privacy Policy

Before using the FOOTTOK platforms, please read the following to learn how FOOTTOK or FOOTTOK AG uses your personal data. This privacy policy was written in December 2020 and is valid as of this date.

International disclosure

Your data will be processed in Switzerland and the European Economic Area, but may be processed elsewhere (in countries outside Europe that may not provide adequate data protection under applicable law within Europe and Switzerland) depending on the location of affiliates, business partners and other organizations that have access to such data under this Privacy Policy. If FOOTTOK AG with FOOTTOK processes your personal data outside Europe, all reasonable measures will be taken to ensure that your personal data is treated as securely as it would be if it were processed within Europe and Switzerland in accordance with the General Data Protection Regulation (GDPR) and the Swiss Federal Data Protection Act (DPA), respectively.

Collection of personal data and type of use by FOOTTOK AG

The processing, collection and use of your personal data is always based on a legal basis, which may be the fulfillment of a contract with you by FOOTTOK AG of your voluntary consent, compliance with a legal obligation or the legitimate interest of FOOTTOK AG.

FOOTTOK AG or FOOTTOK may use your personal data specifically for the following purposes:

  • Offering and improving the FOOTTOK platforms;
  • offering and presenting FOOTTOK content (social media and print media);
  • managing your membership in the FOOTTOK network;
  • ensuring the use and easy navigation of the FOOTTOK platforms;
  • producing, sale and allocation of FOOTTOK tokens, products, services and goods;
  • ensuring adequate customer service;
  • implementing security measures related to FOOTTOK contests, information about FOOTTOK products, services, events, and products and services of FOOTTOK business partners and other third parties, if you have given your consent to FOOTTOK AG to do so;
  • completing transactions in the FOOTTOK platforms;
  • providing requested services;
  • management of a personal account;
  • general communication with you;
  • responding to your questions and comments;
  • communicating special offers that may be of interest to you;
  • preventing possible prohibited or unauthorized actions;
  • customizing marketing activities related to you;
  • enforcing our policies (Terms of Use).

Personal data collected by FOOTTOK AG.

FOOTTOK AG collects the following categories of personal data from you when you use FOOTTOK platforms:

  • E-mail address
  • Last name
  • First name
  • Place of residence
  • Country of residence
  • Date of birth
  • Username
  • Password
  • IP address

Cookies

FOOTTOK AG does not use cookies on the FOOTTOK platforms.

Automatic information

FOOTTOK AG automatically collects certain personal information stored on your computer when you visit FOOTTOK Platforms, whether or not you have created a user account. FOOTTOK AG collects, for example, your IP address, your web browser and the reference website. It may also collect data about your location or your online activities on FOOTTOK Platforms. Thanks to the collection of this data, FOOTTOK AG can adapt the content displayed to your usage behavior and track and analyze your use of the FOOTTOK platforms of FOOTTOK AG and the services offered. This data is also used for the technical administration of the FOOTTOK Platforms and for optimizing the user-friendliness and functionality of the FOOTTOK Platforms.

Transfer and disclosure of data

FOOTTOK AG may disclose personal data to third parties if:

  • You acknowledge and consent to FOOTTOK AG disclosing your information to third parties involved in providing the products, services and/or goods you have requested;
  • it needs to transfer the personal data in order to provide a product, service or good requested by you;
  • it provides the personal data to companies acting on behalf of FOOTTOK AG in accordance with processing agreements that provide the protection afforded to your personal data under applicable law;
  • it is required to do so pursuant to a subpoena, court order or legal process;
  • it deems it necessary, in its sole discretion, to investigate, prevent or take action regarding suspected fraud or illegal activities, or in case of emergency related to potential threats to the physical integrity of any person, or in case of violation of its policies (Terms of Use) or as otherwise required by law;
  • you have freely consented to the disclosure of your personal data to business and/or contractual partners of FOOTTOK AG in order to inform you about their products, services and goods.

Security

FOOTTOK AG wants you to feel secure when using the FOOTTOK platforms of FOOTTOK AG. For this reason, we have taken appropriate technical and organizational measures to protect your personal data from accidental loss and unauthorized access, use, alteration or disclosure. However, FOOTTOK AG cannot rule out the possibility of malicious access to your personal data by unauthorized third parties. FOOTTOK AG takes identity theft and so-called phishing very seriously.

Protecting your information from identity theft is therefore a top priority. We will never request your credit card information, user account ID, login password or national identification numbers in unsecured or unsolicited email messages or phone calls. FOOTTOK AG has procedures in place to respond to unauthorized access, use, alteration or disclosure. All suspected cases must be reported to FOOTTOK AG immediately. info@foottok.com If you communicate with FOOTTOK AG by e-mail, please remember that Internet e-mail is not secure. If you send sensitive or confidential e-mails or information without encryption, you accept the risk of lack of confidentiality on the Internet.

Your rights

According to the DPA and the GDPR, you have the following rights:

  • Right to information about the collection and use of personal data;
  • Right to information about the personal data stored about you by FOOTTOK AG;
  • Right to rectification if personal data stored about you by FOOTTOK AG is incorrect or incomplete;
  • Right to erasure, i.e. the right to request FOOTTOK AG to delete all personal data that FOOTTOK AG holds about you;
  • Right to restrict the processing of personal data;
  • Right to portability of data, i.e., right to obtain a copy of your personal data for use by other service providers or organizations;
  • Right to object to the use of your personal data by FOOTTOK AG for specific purposes;
  • Right to withdras consent given at any time;
  • Other rights relating to opting out of automated decision-making and profiling.

Complaints regarding the use of your data by FOOTTOK AG should be sent by email to the FOOTTOK team. info@foottok.com.

This may require you to provide appropriate proof of your identity. If you are not satisfied with our response, you also have the right to file a complaint with the Swiss Federal Data Protection and Information Commissioner (FDPIC) or the competent data protection authority in the EEA. To the extent FOOTTOK AG is authorized under applicable data protection law, it may, under certain circumstances, deny you access to your personal data.

Updating and deleting your data

You may request FOOTTOK AG to irrevocably delete your data at any time. FOOTTOK AG will delete the data unless there is a corresponding legal archiving obligation.

Links to other websites

This Privacy Policy does not apply to external websites that may be linked to from parts of the FOOTTOK Platforms. When you click on an advertising link or other link to a third party site, you will be directed to that third party’s website. FOOTTOK AG has no control over third party websites and therefore recommends that you read and study the privacy statements published on those websites to understand their practices for processing, collecting, using and disclosing personal data.

Declaration in relation to children

FOOTTOK AG does not intentionally process personal data of children under the age of 16. Children under the age of 16 who use FOOTTOK platforms are advised to obtain permission from their parents or legal guardians. In addition, parents or legal representatives should delete the browser cache containing the cookies and ensure that as little personal data as possible is collected using all the measures mentioned in this data protection declaration. If FOOTTOK AG becomes aware that a child under the age of 16 has provided it with personal data without appropriate permission, this data will be deleted from its databases.

Changes to this Privacy Policy

This data protection declaration may be amended. If the privacy policy is changed, an updated version will be posted on the FOOTTOK platforms of FOOTTOK AG without delay. If you use the FOOTTOK platforms of FOOTTOK AG for the first time after the change, you will be deemed to have given your consent to the amended data protection statement.

Contact

If you have any questions about this privacy statement, please contact the data protection officer of FOOTTOK AG by e-mail at info@foottok.com

Priority

In the event of any inconsistency between this Privacy Policy and the terms of any third party privacy policy, the terms of this Privacy Policy shall prevail.

Jurisdiction and applicable law

This Privacy Policy and all matters arising hereunder shall be governed by Swiss substantive law, excluding its conflict of law provisions.

Any disagreement, claim or dispute between you and FOOTTOK AG arising out of or in connection with this Privacy Policy shall be resolved exclusively by the competent courts of the city of Chur. Each party hereby expressly consents to the venue and jurisdiction of such court.

© FOOTTOK c/o Swiss Innovation Valley AG, May 2024
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