Privacy Policy

1. General

1.1. Biteaway GmbH, a Swiss company with limited liability with its place of business in Zug, Switzerland (“biteaway”, “we“, “our” or “us“), is the provider of the website www.biteaway.com and other websites and mobile applications with similar contents (together the “Platform“). Data protection is important to us.

1.2. This privacy policy (the “Privacy Policy“) describes how we handle personal data, namely concerning the collection, storage and usage thereof. Furthermore, it sets forth how collected personal data may be examined, corrected or deleted.

2. Acceptance and Amendment of this Privacy Policy

2.1. By either visiting our Platform or registering with us, you accept for yourself or on behalf of the company indicated in the course of the registration process, if any (you and such company hereinafter “you” or “your“) to be bound to this Privacy Policy and expressly consent to this Privacy Policy.

2.2. You personally represent and warrant that you are entitled and have the power to accept this Privacy Policy for the company indicated in the course of the registration process.

2.3. We reserve the right to modify this Privacy Policy at any time, in our free discretion, without giving reasons. We shall give due notice of any modifications of the Privacy Policy on our Platform.

3. Collection of Personal Data

3.1. We collect the following personal data of the users of our Platform:

• Information You Give Us: We receive and store any information you enter on our Platform or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features or functions.
• Information Clearly Indicated: We may collect personal data which is clearly indicated on our Platform.
• Automatic Information: We receive and store certain types of information whenever you interact with us. For example, we use “cookies” and we obtain certain types of information when your web browser accesses our Platform. Moreover, we may use Google Analytics or similar services for purposes of web analytics as well as social media plugins. Further information about automatic information can be found under Section 5 ff. below.
• Mobile: When you download or use applications created by us and, where applicable, have requested or consented to location services, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as search results, and other personalized content. Most mobile devices allow you to turn off location services. Further information about mobile can be found under Section 8 below.
• Email Communications: To help us make emails more useful and interesting, we often receive a confirmation when you open emails from us if your computer supports such capabilities. We may also compare our customer list to lists received from other companies in an effort to avoid sending unnecessary messages to our customers.
• Information from Other Sources: We might receive information about you from other sources and add it to our account information, if any. We reserve the right to obtain information on your payment behavior from third parties (e.g. mail-order companies, credit agencies) to offer you certain payment methods (e.g. payment on account) or other financial services.

4.Use of Personal Data

4.1. We can use personal data in the sense of Section 3 above as follows (in addition to the use described in Section 3 above):

• in order to create and manage user accounts;
• in order to improve our services;
• for marketing purposes, i.e. particularly in order to understand better the needs of the users;
• in order to confirm addresses that you provide on the Platform, and that may be shared with an address verification vendor for accuracy, and which the vendor may keep on file;
• in order to update your address information maintained in your online account;
• in order to perform the services on our Platform and the obligations to be performed by us according to our agreements with you;
• in order to collect and process payments made by you;
• in order to comply with administrative, tax, investigative or other audit requirements or any other legal or regulatory disclosure requirements;
• in order to resolve disputes, collect fees and troubleshoot problems;
• for other purposes which are clearly indicated on our Platform.

4.2. If you purchase products through our Platform, we will process your personal data for this purpose (i.e., name, billing and shipping address information, email address, telephone number, and payment card information), as well as information about your purchases on our Platform

4.3. Only those employees of us shall have access to your personal data who must know this data. Under no circumstances we will sell or market your personal data to third parties unless otherwise provided in this Privacy Statement. We will provide your personal data only to third parties as follows:

• Third Party Service Providers: We may employ other companies and individuals to perform functions on our behalf. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by applicable data protection laws.
• Protection of Us and Others: We release account information and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property or safety of us, our users or others.
• With Your Consent: Other than as set out in this Privacy Policy, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information.

5.Cookies and other Automatic Information

5.1. If you visit our Platform, small files may be saved automatically on your computer. This occurs by means of so-called “cookies” or similar files which help us in various aspects, e.g. in order to learn about the preferences of our users and to improve our Platform.

5.2. Examples of the information we collect and analyze include: The Internet protocol (IP) address used to connect your computer to the Internet; confirmations of receipt and read confirmations regarding emails; login; email address; password; computer and connection information such as browser type and version; and time zone setting, browser plug-in types and versions; operating system and platform; visiting history; the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); cookie number; products or services you viewed or searched for.

5.3. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Platform for fraud prevention and other purposes.

5.4. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

5.5. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

5.6. With most browsers, you are able to erase cookies from your computer or block them. Reference is made to your browser instructions to learn more about these functions. However, doing so may impact your use of the Platform.

6. Website Analysis

6.1. We use third party service providers such as Google Inc. to assist us in better understanding the use of our Platform. We may e.g. use Google Analytics.

6.2. Our service providers will place cookies on your computer and will receive information that we select that will educate us on such things as how visitors navigate around our Platform, what products are browsed and general purchasing information.

6.3. Our service providers analyses this information and provides us with aggregate reports. The information and analysis provided by our service providers will be used to assist us in better understanding our visitors’ interests in our Platform and how to better serve those interests.

6.4. The information collected by our service providers may be transferred to other countries such as the U.S. Moreover, we may link to and combine such information with information that we collect about you while you are visiting our Platform.

6.5. You can prevent cookies from being saved through a setting in your browser.

7. Social Media Plugins

7.1. We may use so-called social plugins of third party providers on our Platform (such us Facebook, Twitter, Instagram, Pinterest and Google+). These social plugins allow the visitors of our Platform to share contents with other users of social networks.

7.2. In case a social plugin is visible on a website (e.g. the “like-button” of Facebook) a connection to the server of the provider of this website will be established automatically. Data on the visit of our Platform may be transmitted to the respective third party provider. It the visitor of our Platform is also registered with the third party provider, the visit on our Platform may be related to the account of the visitor concerning its respective social network (e.g. its Facebook-account).

7.3. We cannot influence the extent and way of data transfer due to a social media plugin. Information about the purpose and extent of the collection and use of data as well as your rights and possibilities of modification in order to protect your privacy can be found on the website of the respective third party provider.

8.Mobile

8.1. Most mobile devices provide users with the ability to disable location services.

8.2. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.

9. Direct Marketing

9.1. We may from time to time process your personal information to send you marketing email about our products. In this case your prior consent is required. These emails may contain features that help us make sure you received and were able to open the message.

9.2. You may opt out of receiving such marketing email messages at any time and free of charge.

10. Security

10.1. You can be assured that your personal information and account information is reasonably secure on our Platform. We employ encryption technology (SSL) in all parts of our Platform that require you to provide your login credentials, financial or credit card information. The personally identifiable information we collect is stored in secure operating environments that are not available to the public. Credit card information is encrypted. All the information we collect and store is protected by our firewall. Also, any information we store at our business is kept physically secure, and only designated employees may obtain access to it. However, “perfect security” does not exist on the Internet.

10.2. While we strive to protect your personally identifiable information, we cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems.

10.3. We cannot fully ensure that your private communications and other personally identifiable information will not be inadvertently disclosed to third parties. We may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. If we need to investigate or resolve possible problems or inquiries, we can (and you authorize us to) disclose any information about you to private entities, law enforcement, or other government officials as we, in our sole discretion, believe necessary or appropriate.

11.Your Rights

11.1. Upon your request we will provide you with a copy of your personal data or inform you on the use of your personal data. Moreover, upon your request we will correct or delete your personal data at any time. The competent body for your requests is:

Biteaway GmbH, Legal Department, Baarerstrassse 21, 6300 Zug

Phone: [+41 (0) 79 331 67 76]

Email: nora@biteaway.com

11.2. We can demand an appropriate fee from you for our services rendered to you according to the foregoing provision.

12.Accessibility of this Privacy Policy

This Privacy Policy is accessible on our Platform. You can access, download save and print it out for your convenience.

Version dated August 2, 2016