Privacy and Cookies Policy – Fine App SA
§1Information on the collection of personal data
(1)Purpose and scope of this document
The purpose of this document is to provide information on the collection and processing of your personal data by Fine App SA when you download and use our mobile app(s) 'Art & Me' (hereinafter ‘the App'), create a user account via the App or access the www.artandme.app website.
(2)Definition of personal data
Personal data is any information that relates to you, such as your name, postal address, email address, telephone number, purchase history, online behaviour, etc.
(3)Personal data controller
The data controller in accordance with article 4, paragraph 7 of the European General Regulation on the Protection of Personal Data (RGPD) is: Fine App SA, with registered office at Avenue Gratta-Paille 2, 1018 Lausanne, Switzerland (hereinafter 'Fine App', 'we' or 'us'). Enquiries relating to the processing of personal data can be sent to us via the Help menu on the App, or emailed to firstname.lastname@example.org
(4)Collection and use of data provided via email contact
When contacting us by email or via our contact form, the contact details you provide are recorded, in addition to the content of your message, for the sole purpose of responding to your requests/queries and following up on them. In principle, the data is stored in Switzerland. Please note, however, that the data attached to any emails you send us may be stored abroad, but only in a country with an adequate level of data protection or with an affiliated partner in both the EU-US Privacy Shield program and the Swiss-US Privacy Shield program with a level of data protection that is adequate under both European and Swiss law.
(5)Collection and use of data provided by use of the App and by creating a user account
a)To enable you to use the App, we invite you to create a user account (hereinafter 'user account') and ask you to provide the data required to create this account, and where applicable to join our affiliate program: your name and surname, country of residence, mobile phone number, email address, credit card details, details of the bank account into which payments relating to transactions made from your account will be paid, date of joining the affiliate program and affiliate number.
b)Veuillez noter que la création d’un compte utilisateur déclenche la procédure d’adhésion à l’association que vous aurez choisie, au moyen de l’Application, parmi nos Associations partenaires. The latter is an association under Swiss law with registered office in Sion, the statutory purpose of which is to promote the work of the artist Jisbar by enabling members to jointly own with the artist, via the association, the work by the artist entitled 'Play Art', a work that the association will acquire on its own behalf and in its own name. The statutes are available for consultation at: Association Status. The following data will be sent to the association: your first and last name, mobile phone number, country of residence and email address.
c)As a user of the App you also have the opportunity to participate in our affiliate program by sharing videos and other content with your friends. Doing this does not provide us with access to any data belonging to your friends or their contact details. Neither Fine App nor our partners collect data from your friends when you share content with them, or record the sharing in any way. However, sharing is facilitated by a service operated by a third party (social network or equivalent); data collection and processing by the third party is done in accordance with procedures established by the third party concerned. Please address any enquiries concerning the collection and processing of data belonging to you and your friends to the social network concerned.
d)We use your data only for the following purposes:
- managing your user account;
- sending and receiving payments;
- managing and transferring remuneration in accordance with the terms and conditions of use for the App [LIEN VERS LES CONDITIONS D’UTILISATION] ;
- responding to and executing requests;
- maintaining, supporting and updating the App;
- resolving technical problems related to the App;
- establishing anonymous statistical reports regarding our activity on the App and usage patterns;
- complying with legal obligations to which we are subject;
- defending our rights in court, if necessary.
e)When using the App for purposes other than to create a user account, we collect the following types of personal data insofar as it is required on a technical basis to improve usability, provide the features offered via the App, ensure the stability and security of the App and, if necessary, safeguard our rights (the legal grounds for processing is article 6, paragraph 1, item f RGPD):
- Date and time of request
- Difference in time zone with respect to Greenwich Mean Time (GMT)
- Content of request
- Platform from which the request is sent
- International Mobile Equipment Identity (IMEI) number - the unique identifier of your device
- International Mobile Subscriber Identity (IMSI) number, i.e. your phone number as stored on your device's SIM card
f)Please note that we use the Google Analytics service to help us improve the App.
Google Analytics is a web analytics service from Google Inc. (hereinafter 'Google') that involves the collection of data from users. The purpose of this data is to analyse how you use the App. The information obtained by this means is transmitted to a server located in the USA and stored there. Any data that identifies users is anonymised within the European Union or Switzerland before it is transmitted to the USA. In exceptional circumstances some data may be anonymised in the USA after it is transferred to one of the Google servers. This company participates in the EU-US Privacy Shield program and the Swiss-US Privacy Shield program for all types of personal data. Companies participating in these programs are deemed to be providers of an adequate level of protection in accordance with article 45 RGPD.
Google uses the information provided, at our request, to evaluate your use of the App, to report on user activity and to provide other services related to the use of the App.
The implementation of personal data processing as described above is based on our legitimate interest in accordance with article 6, paragraph 1, item f RGPD, to compile statistics on consultation and use of the App, and to adapt it to demand.
(6)Collection and processing of data when simply visiting our website
§ 4 below provides full information on all aspects of the processing of your data when you simply visit the website.
§2Transfer of data to third parties
(1)Your personal data is stored confidentially. It is not transferred to any third party other than recipients in the following categories:
- providers of payment transfer and forwarding services;
- banking service providers;
- email messaging providers;
- providers of computing services (software development, web hosting, web design, data storage, website and App user statistics);
- social networks that enable the sharing of content with friends (if you use this feature)
(2)We may also be required to disclose Your personal data to third parties (public authorities or equivalent) in respect of the legal obligations incumbent on us or our aforementioned partners, provided that the data transferred is required for the performance of the obligations.
(3)All the providers listed above, except for social networks, have their registered offices in Switzerland, the European Union or a country that offers an adequate level of data protection in accordance with article 45 RGPD. All our partners are subject to a duty of confidentiality in respect of your data and are not authorised to use it for any purpose other than that set out in this document.
a)If you use the feature for sharing content via social networks, your data will be transmitted to the social network(s) you have selected.
b)The following social networks in particular are offered via the App:
- Whatsapp (owned by Facebook but operated independently)
- Messenger (owned and operated by Facebook)
- LinkedIn (LinkedIn)
- WeChat (Tencent)
c)Clicking on the button corresponding to one of the social networks listed above gives you a direct link to the social network concerned to interact with other users of the network. By doing so, the operator of the social network receives the information under which you are logged in via the App, as well as the data listed under section 1, paragraph 5, item g above.
d)We have no influence over what data is collected and the processing operations carried out by social network operators. We do not know the breadth of the personal data collected, the purposes for which it is processed or how long it is retained. Nor do we have any information on the deletion of data transmitted to social networks. You are therefore advised to address any enquiries regarding the collection and processing of your personal data by social networks to the social network that you wish to use.
e)Social network operators organise the data they collect on you into a user profile and use this data for the purposes of commercial advertising, market research and improving their own services. The purpose of using data this way is to provide targeted advertising to social network users and to inform them that you have shared content. To oppose the processing of your personal data as described in this clause, you should contact the social network concerned.
f)When you are connected to the social network, the data collected is linked directly to your account via the network. Depending on the action you take on the social network, your contacts may be informed publicly about your activity.
g)Note that your data will be transmitted abroad, including countries outside the European Union and/or countries that do not provide an adequate level of data protection when you share content with members of the social network not based in the same country as you.
h)More information is available on the data collected and the processing carried out directly from the social network operator concerned, via the following links (if you reside in a European Union or European Economic Area country or Switzerland):
Messenger:Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irlande ; https://en-gb.facebook.com/full_data_use_policy ; Facebook participates in the EU-US Privacy Shield and Swiss-US Privacy Shield programs.
WhatsApp:WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irlande ; https://www.whatsapp.com/legal/#terms-of-service ; WhatsApp participates in the EU-US Privacy Shield and Swiss-US Privacy Shield programs.
WeChat:Tencent International Service Europe BV, 26.04, Amstelplein 54, 1096 BC Amsterdam, Pays-Bas ; https://www.wechat.com/fr/privacy_policy.html.
(1)You have the following rights in respect of your personal data:
- The right to access/right to information on the processing of data
- The right to rectification or deletion of data
- The right to restrict processing
- The right to oppose the processing of data
- The right to data portability
(2)You also have the right to complain about the processing of your personal data to a supervisory authority responsible for ensuring data protection.
§4Collection of personal data by accessing our internet platform
(1)By accessing the web page only, i.e. without sending us any additional information, the only data collected is the data your browser sends to our server. If you wish to visit our website, we will collect the following data, which is required on a technical level to display the website and ensure a certain stability and security (the legal grounds for processing are article 6, paragraph 1, item f RGPD):
- IP address
- Date and time of request
- Difference in time zone with respect to Greenwich Mean Time (GMT)
- Content of request (pages visited)
- Access status/HTTP status code
- Volume of data transmitted
- Internet platform from which the request is sent
- Operating system and interface
- Language and browser version
(2)In addition, cookies are saved to your computer when you use the website. Cookies are small text files which are stored on your hard drive and deliver the information required depending on the function we give them. Cookies cannot run programs or transmit viruses. They serve to provide a more efficient, user-friendly internet experience.
a)Our internet platform uses different types of cookies; the scope and functionality of these are explained below:
-Transient cookies (see b below)
-Persistent cookies (see c below)
b)Transient cookies are automatically deleted when you close down the browser. This includes 'session cookies'. They store the session ID with which various requests from your browser can be assigned. This allows your computer to be recognised on your next visit to the website. Session cookies are automatically deleted when you log out of the website or close your web browser.
c)Persistent cookies are automatically deleted after a specified period, which may vary depending on the type of cookie. You can delete cookies at any time in the security settings of your browser.
e)Our internet platform uses the following cookies:
|Operator||Technical name||Purpose||Period of validity|
|Google Analytics||_ga||Statistics; assigns a unique identifier to determine if you have visited our site||2 years|
|Google Analytics||_gat||Statistics; improves the speed of requests to the server||1 minute|
|Google Analytics||_gid||Statistics; enables identification of users with respect to certain advertising campaigns and the search engine via which you accessed the website||24 hours|
f)Google Analytics and Google Tag Manager
Our internet platform uses Google Analytics, a web analytics service from Google Inc. (hereinafter 'Google') which assumes cookies are stored with the user. The purpose of these cookies is to enable analysis of the way you use the website. The information obtained via cookies about your use of the website is transmitted to a server located in the USA and stored there. Your IP address will be anonymised in the European Union or Switzerland before it is transmitted to the USA, via the 'anonymize_ip' function. This function removes any reference to persons in the IP addresses that are collected. In exceptional circumstances your IP address may be anonymised in the USA after being transferred to one of Google's servers. This company participates in the EU-US Privacy Shield program and the Swiss-US Privacy Shield program for all types of personal data. Companies participating in this program are deemed to be providers of an adequate level of protection in accordance with article 45 RGPD.
Google uses the information provided, at our request, to evaluate your use of the website, to report on user activity and to provide other services related to use of the website to its operator.
The implementation of personal data processing as described above is based on our legitimate interest in accordance with article 6, paragraph 1, item f RGPD, to compile statistics on visits to and use of the website, and to adapt it to demand.
You can oppose the collection of your IP address and prevent the information collected by Google being used, by downloading and installing the following plug-in for your browser: http://tools.google.com/dlpage/gaoptout?hl=fr.
You can also disable the relevant cookies in the appropriate menu of your internet browser.
We also use Google Tag Manager to manage the services associated with setting up advertisements based on user behaviour. The Tag Manager tool itself is a domain free of cookies and does not collect any personal data. The tool enables other tags related to the Google services described above and below. When you disable cookies or install the above-mentioned plug-in, it prevents all tracking markers implemented by Google Tag Manager and Google Analytics.
(4)Embedded YouTube videos
a)YouTube videos hosted on the http://www.youtube.com website are included in our offer, which you can play directly via the App or our website.
b)When you view this content, YouTube obtains the information that you have viewed it. The data cited above under § 4 (1) is also transmitted to YouTube. This data is collected irrespective of whether you have an account with YouTube or are connected to YouTube. When you sign in to your Google Account, your personal data is linked directly to your account. If you wish to avoid this linking, you should disconnect before clicking on the play button for the video. YouTube stores your data in a user profile used for advertising purposes, market research and improving its offer via the website. In particular, data may be used for the purpose of displaying targeted advertising and informing other YouTube users of your activity on our website, even if you are not connected to YouTube. To exercise your right to object to the creation of a user profile, you are advised to contact YouTube.
c)Further information on the purpose and extent of YouTube's collection of your personal data and the use of it is available in the Google Privacy Statement, which also contains information on exercising your rights and ways of protecting your privacy: https://policies.google.com/privacy?hl=fr&gl=fr. Google also processes your personal data in the USA and participates in the EU-US and Swiss-US Privacy Shield programs for all types of data.
d)The grounds for creating user profiles and implementing personal data processing as described above is our legitimate interest in accordance with article 6, paragraph 1, item f RGPD, to carry out direct marketing and adapt our website to demand.
§5Objecting to the processing of your data and withdrawing consent
(1)If you have given your consent to the processing of your personal data, you may withdraw it at any time. Withdrawal of consent only affects the processing of data subsequent to its notification. Withdrawing your consent consequently does not negate the legality of any processing carried out based on consent that was given prior to withdrawal.
(2)If our processing of your personal data is based on an overriding interest of ours, you may object to the processing of it. This is the case, for example, if the processing is not necessary to process a request from you or a service that you have ordered. When you exercise this opposition, we ask you to explain the reasons why we should not process your personal data as we have been doing. Where your objection is justified, we will examine the situation and stop or limit the processing of the data, or inform you of the overriding interest that forms the grounds for continuing to process your personal data. You may notify us of your opposition and the reasons for it by sending a message via the App 'Help' menu, or by emailing us at: email@example.com.
§6Data retention period and deletion of user account
(1)The data in the categories mentioned above under § 1 is retained as long as your user account remains open, unless otherwise indicated in this document.
(2)The data retention period for the data collected by simply visiting our website, and the cookies, is specified above under § 4.
(3)You may close your user account by going to the relevant tab. Note that closing your user account will entail the consequences described under section 10 of the Terms and Conditions for use of the App.
(4)If you close your user account, we will limit the processing of your data (archiving) and may retain it in this form for 10 years, or longer where there is a legal requirement (obligation to retain accounting documents, etc.).
(5)Once your user account is closed, you no longer have access to your personal data.
(6)We delete any data collected via email exchanges when it is no longer required to respond to your requests or questions, or limit the processing of the data if there is a legal requirement to retain it.
§7Collection of personal data when downloading the App
When the App is downloaded, the required information is transferred to the App Store or Google Play, specifically username, email address and App Store or Google Play customer account number, the time of the download and device number. We have no influence over the collection of this data and assume no responsibility for its use. We do not process any personal data ourselves when you download the App to your mobile device.