PRIVACY POLICY
This Privacy Policy describes the privacy practices of the EnOne platform, an on-line web-based service (hereinafter “EnOne”) offered by EnOne AG, a limited liability company, operating under Swiss Law, with its headquarters in Switzerland, Lerchenbergstrasse no. 125, Erlenbach, Zurich (hereinafter the “Company”).
The scope of this Privacy Policy is to describe what personal data the Company collects and processes, the scope and legal grounds of such processing.
This Privacy Policy and the Terms and Conditions complement each other.
The terms written in capital letters, which are not defined in this Privacy Policy, will have the meaning given in the Terms and Conditions.
This Privacy Policy is applicable to all who use EnOne, including Users, Members, Coaches, Trainers, Mentors and other individuals who access EnOne or provide information / personal data to EnOne or the Company, in relation to EnOne (hereinafter the “Data subject”).
Any reference to the singular also includes the plural and vice versa.
The Company is Swiss based and, in accordance with 2000/518/EC: Commission Decision of 26 July 2000 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided in Switzerland, personal data processing through EnOne is compliant with the European legislation in force.
I. General principles regarding personal data collection and processing
I.1. By accessing and using EnOne, Data subjects agree to the processing of their personal data under the terms of this Privacy Policy and the relevant Terms and Conditions.
I.2. If the Data subjects do not agree with this Privacy Policy and the related Terms and Conditions, they will not be able to access and use EnOne. The personal data processed is made available voluntarily by the Data subject or by third parties, who have the prior consent of the Data subject. In order to use EnOne, it may be necessary for the Data subject to fill in some personal data deemed by EnOne as “mandatory”, but the Data subject may voluntarily provide additional personal data, deemed as “optional”.
I.3. The security of the personal data is particularly important to the Company and the Company ensures that the collected and processed personal data is kept secure and is not used for any scope other than those specified in this Privacy Policy and in the Cookie Policy.
II. Definitions
II.1. “Applicable legislation” – Swiss Law
II.2. “Personal data” – means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
II.3. “Data subject”– means any individual who access and / or uses any of EnOne services and features, including, but not limited to: Users, Members, Coaches, Trainers, Mentors;
II.4. “Controller” – means the Company, who alone or jointly with others, determines the purposes and means of the processing of Personal data.
II.5. “Processor” – means a natural or legal person, public authority, agency or other body which processes Personal data on behalf of the Controller.
III. What Personal data is collected and processed. Scope of processing
III.1 SIMPLY ACCESSING ENONE DOES NOT LEAD TO THE PROCESSING OF PERSONAL DATA, BUT SOME PERSONAL DATA CAN BE OBTAINED, AUTOMATICALLY, AS DESCRIBED BELLOW IN ART. III.4 AND IN THE COOKIE POLICY. THE PERSONAL DATA COLLECTED AND PROCESSED BY THE CONTROLLER IS WILLINGLY PROVIDED BY THE DATA SUBJECT OR BY THIRD PARTIES, WHO HAVE THE PRIOR CONSENT OF THE DATA SUBJECT.
III.2. Depending on the type of access the Data Subject has on EnOne, one, more or all of the following Personal data may be collected, recorded, organised, disclosed, altered, retrieved, consulted, stored and finally erased or destroyed:
III.2.1 For Users:
- first and last name and e-mail address, if the User decides to contact the Controller via the dedicated section in EnOne.
III.2.2. Members:
- first and last name;
- date of birth;
- location;
- e-mail address;
- password;
- professional experience;
- data about his/her company/business;
- data regarding interests and strengths;
- physical data from pictures and videos (including, but not limited to face and voice);
- data resulting from conversations with others on EnOne;
- payment and transactional data;
- information provided by social media companies (applicable when registering using LinkedIn);
- log in and service data regarding the use of EnOne;
III.2.3. Coaches / Experts / Mentors:The same data as for Members, as mentioned at III.2.2, as well as:
- data regarding areas of expertise;
- data regarding creations, works, articles, materials;
III.3. The Personal data mentioned in art. III.2 may be totally / partially disclosed / transferred to third parties in order to achieve the processing scopes.
III.4. Since EnOne can only be accessed via the Internet, one, more or all of the following Personal data may be collected when accessing and using EnOne:
- IP address;
- first and last name;
- date of birth;
- location;
- type of device used;
- time and date of access;
- time spent on EnOne;
- access and use habits;
- internet connection speed;
- sole id number of the used device;
- encrypted password;
IV. How the Personal data is processed
IV.1. The Personal data, together with any other information the Data subject may send to the Controller, in relation to EnOne, will be stored on the Controllers’ and/or on the Processors’ servers.
IV.2. The personal data is processed by the Controller for one, more or all of the following scopes:
a. To provide EnOne, and all its features and services, including to:
- visit and/or register with EnOne;
- create and maintain accounts;
- create and maintain Profiles;
- operate EnOne and the Company’s business;
- facilitate Connections;
- recommend other Members, Coaches, Trainers, Mentors;
- notify Data subjects about other Data subjects who joined or are using EnOne, about announcements, updates, security alerts, and support and administrative messages, if applicable;
- provide support for EnOne and reply to the Data subjects’ requests, questions, feedback.
b. Developing EnOne and research;
c. Support and maintenance;
d. Security, compliance and protection;
e. Accessing and/or using one, more or all of the services provided under Relevant Experiences;
f. Advertising and marketing;
g. Statistics.
IV.3. The Personal data will not be transferred to third parties, without the prior consent of the Data subject.
IV.4. The Personal data may be shared with one, more or all of the following, on a need to know basis as per the scope:
a. other Members, Coaches, Trainers, Mentors – what is visible on their public profile;
b. service providers (companies and individuals that provide services on behalf of the Company or help the Company operate EnOne and its business, such as hosting, technical support, analytics, customer support, email and SMS delivery etc.
c. advisers (this may include lawyers, auditors, bankers, and insurers, if necessary);
d. authorities and others (this may include law enforcement, central or local authorities, supervisory authorities when required by law or to help protect the rights and safety of Data subjects or others).
IV.5. Other Companies or individuals, in case of business transfer or change of control over the Company.
IV.6. Personal data regarding payment and transactions is collected by the payment provider, Stripe and/or PayPal, and the Controller does not have access to this information. In addition to this Privacy Policy and the Terms and Conditions, information related to payments or purchases is also processed according to the payment providers’ services agreement and privacy policy.
IV.7. Connecting to EnOne via a LinkedIn account allows EnOne to authenticate the Data subject’s identity and access limited information about that account. The Personal data that LinkedIn provides to the Controller may depend on the privacy settings each Data subject has with LinkedIn, so it is recommended to consult LinkedIn’s privacy and data practices.
V. Lawfulness of processing
VI. The legal basis for the processing of Personal Data:
a. processing is necessary for the performance of the Agreement between the Data Subject and the Controller;
b. processing is necessary in order to take steps at the request of the Data subject prior to entering into the Agreement;
c. processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party. The Controllers’ legitimate interests in processing the Personal data are not overridden by the interests or fundamental rights and freedoms of the Data subject. The interests or fundamental rights and freedoms of the Data subject are not in any way affected by the processing done through EnOne;
d. the Data subject has given consent to the processing of Personal data.
VI. Data subjects’ rights and obligations
VI.1. Data subjects are aware of the general rights they enjoy as data subjects under the Applicable legislation, respectively: the right to be informed; the right of access to the Personal data; the right to rectification; the right to erasure (“the right to be forgotten”); the right to restriction of processing; the right to data portability; the right to object the processing of Personal data; the right to bring an action before the competent court of law or before a supervisory authority, if available under the provisions of the Applicable legislation.
VI.2. Data subjects are aware that the aforementioned rights are not absolute rights and accept that there is a possibility that certain Personal data used to achieve the scopes may not be erased (for example, Personal data for which there is an obligation to report to the authorities or for which there is an obligation to store).
VI.3. Data subjects have the following obligations.
a. to provide true, accurate and complete Personal data, in accordance with EnOne forms. If the Personal data provided is not true, accurate and complete or has modified, Data subjects have the obligation to inform the Controller, via EnOne or by e-mail at contact@enoneworld.com on this matter and to provide the correct Personal data as soon as possible;
b. to update their Personal data, whenever necessary;
c. to refrain from posting obscene, defamatory, threatening or malicious information, reviews and evaluations towards the Controller, its employees / collaborators or towards another Data subject, or any materials or information prohibited by the legislation in force.
VI.4. In the event that a Data subject is in breach of his/her obligations, the Controller has the right to take all legal measures to ensure the return to the previous situation (erasure of information published by the Data subject, blocking access to EnOne, etc.), and holding the Data subject responsible, under penalty of law.
VII. Term of processing. Erasure of the Personal data
VII.1. The Personal data will be stored for the necessary period of time in order to achieve the scopes for which it was collected, respectively for the period necessary to provide EnOne, the existence of the account, as well as for a subsequent period of time, necessary for reporting to the competent authorities. The Personal data will be erased when the Data subject chooses to deregister and delete his/her account.
VII.2. Audio and/or Audio-video data will be recorded and stored for a period of 10 days. By entering into audio and/or audio-video sessions with others on EnOne, Data subjects agree that the Controller may use the Personal data for EnOne’s Relevant Experiences and/or dispute resolution. In the event that Data subject do not agree to this, they may not use these features of EnOne.
VII.3. Logging and access history and habits will be stored for a period of 10 days, after which it will be erased.
VIII. Amending this Privacy Policy
VIII.1. This Privacy Policy may be amended at any time by the Company a result of changes in legislation or adjustments to EnOne.
VIII.2. The updated Privacy Policy will be published on EnOne and will take effect from the moment of publication, being thus available to Data subjects.
VIII.3. By continuing to use EnOne, Data subjects agree to the new provisions of the Privacy Policy, indicating that they have read and acknowledged the new Privacy Policy.
If Data subjects do not agree with one or more of the current or future provisions of this Privacy Policy, they will not be able to access and use EnOne.
EnOne Cookie Policy
This Cookie Policy aims to describe how EnOne uses cookies and similar technologies to collect and use personal data from Users, Members, Coaches, Trainers, Mentors (hereinafter referred to as the “User” or the “Users”) as part of its features and services (hereinafter referred to as the “Services”), as defined in the Privacy Policy and in the Terms and Conditions.
A cookie is a small file placed on the User’s device that enables EnOnes’ Services. Any browser used to access EnOne may receive cookies from the Company or from third parties such as partners and/or service providers (hereinafter referred to as the “Partners”). Cookies may also be placed in the browser when accessing third party websites that display ads or that host EnOne plugins or tags.
The Company has the legal right to store cookies on devices, if it is strictly necessary for the operation of EnOne. For all other types of cookies, User’s permission is required.
EnOne relies on two types of cookies: persistent cookies and session cookies. A persistent cookie lasts beyond the current session and is used for many purposes, such as recognizing an existing User, for easier access and log in to EnOne. A persistent cookie stays in the browser, so it will be read by EnOne when returning to it or when visiting a third-party website that uses EnOnes’ Services. Session cookies last only for the duration of the session (e.g.: the current visit to a website or a browser session).
EnOne may also use other similar technologies to cookies, such as:
a) Pixels – a tiny image that may be embedded within web pages and emails, requiring a call (which provides device and visit information) to EnOnes’ servers in order for the pixel to be rendered in those web pages and emails. Pixels are used to learn more about interactions with email content or web content, such as ads or posts. Pixels can also enable the Company and its Partners to place cookies on the browser.
b) Local storage – enables a website or application to store information locally on the device. Local storage may be used to improve the EnOnes’ Service, for example, by enabling features, remembering preferences and speeding up functionality.
EnOne may use cookies for the following scopes:
a) Log in – Cookies may be used to recognize a User when accessing EnOne and may also help to display the right information and personalize the experience in line with each User’s selected settings.
b) Security – Cookies may be used to ensure that interactions with EnOne are faster, more secure and to help the Company in detecting malicious activity and violations of the Terms and Conditions.
c) EnOne Preferences – Cookies may be used to enable the functionality of EnOnes’ Services, to provide customized content and to remember information about browsers and preferences.
d) Improving EnOne – Cookies may be used to improve the EnOne experience.
e) Plugins – Cookies may be used to enable plugins both on and off EnOne. Plugins may be found on EnOne or its Partners’ websites. By interacting with a plugin, the plugin will use cookies to identify the User and initiate his/her request.
f) Advertising – Cookies may be used to assist the Company in providing relevant advertising, both on and off EnOne and measure the performance of such ads and report on it. Cookies may be used to learn whether content has been shown or whether a User who was presented with an ad later came back and took an action (e.g., made a purchase) on another site. The Partners may use cookies to determine whether the Company has shown an ad or a post and how it performed or provide the Company with information about how Users interact with ads. The Company may collaborate with its Partners to show ads on or off EnOne (e.g. after visiting a Partner’s website or application).
g) Research and analytics – Cookies may be used by the Company to learn more about how EnOne performs in different locations. Cookies may be used to understand, improve, and research Services, including access and navigation behaviours from different sites, applications or devices. Cookies may be used to determine and measure the performance of ads or posts on and off EnOne. When a User is logged out of his/her account on a browser, EnOne may still continue to log his/her interaction with EnOne on that browser for up to 30 days in order to generate usage analytics. This data may be shared in aggregate form with the Partners.
Users may choose how EnOne uses cookies, but this may limit the ability of EnOne to use cookies, so it may worsen the overall experience, since it may no longer be as personalized, and it may also disable the possibility to save customized settings like log in information.
Most browsers allow cookies control through settings, which may be adapted to reflect each User’s consent to the use of cookies. Most browsers also enable Users to review and erase cookies, including EnOne cookies. More information about browser controls may be accessed on the manufacturer’s website.
The Company may enable Users to reject the use of certain cookies for purposes such as advertising and analytics and research, by visiting the cookie settings, without affecting the lawfulness of processing based on consent before its withdrawal. These settings may be changed at any time by accessing the specific section on EnOne.