1. Introduction

1.1. Purpose of the Privacy Policy

This Privacy Policy ("Policy") outlines how smartNsales AG ("we," "us," or "our") collects, uses, shares, and protects the personal information of users ("you" or "your") of the smartNsales platform (the "Platform"). The purpose of this Policy is to inform you about our practices with respect to your personal information and help you understand your rights and choices regarding your data.

1.2. Scope of the Privacy Policy

This Policy applies to all personal information we collect from you through the Platform, our website, or any services or features we provide in connection with the Platform. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to the collection, use, and disclosure of your personal information as described in this Policy. If you do not agree with this Policy, please do not use our Platform.

1.3. Legal Basis and Responsible Body

This Privacy Policy is based on the Federal Act on Data Protection (FADP) in the version dated September 1, 2023. smartNsales AG, Lucerne, Switzerland, is responsible for data processing.

2. Information We Collect

2.1. Personal Information

We may collect personal information that can identify you as an individual. This may include your name, email address, payment details, and other information you provide when registering an account, listing a space, making a booking, or contacting our support team.

2.2. Non-Personal Information

We may also collect non-personal information such as device type, operating system, language preference, and general Platform usage data. This helps us understand and improve how the Platform is used.

2.3. Information Collected Automatically

We automatically collect information through cookies, pixels, and similar technologies. This includes IP address, browser type, interactions with the Platform, and referral URLs. This data is used to enhance user experience and Platform functionality.

2.4. Particularly Sensitive Personal Data

In exceptional cases, particularly sensitive personal data (e.g. health data, facial images of third parties) may be collected as part of quality controls (e.g. photo uploads). These are only processed with the express consent of the person concerned or in anonymized form.

3. How We Use Your Information

3.1. Providing and Improving Our Services

We use your information to operate and maintain the Platform, facilitate bookings, process payments, support customer service, and communicate with you.

3.2. Personalization

We use your information to tailor your experience on the Platform based on your activity and preferences.

3.3. Communication

We may contact you with administrative notices, promotional content, or service-related updates. You may opt out of promotional emails at any time.

3.4. Analytics and Research

We may use aggregated and anonymized data for analytics to improve our Platform and develop new features.

3.5. Legal Basis for Data Processing

The processing of personal data is based on Art. 6 revDSG. Where necessary, we obtain your consent or rely on overriding legitimate interests, legal obligations or contract fulfillment.

4. How We Share Your Information

4.1. Service Providers

We share your personal information with third-party service providers (e.g., Stripe for payments) who perform services on our behalf and are contractually bound to protect your data.

4.2. Business Transfers

In case of a merger, acquisition, or sale, your data may be transferred. You will be notified and given the option to opt out.

4.3. Legal Requirements

We may disclose your data if required by law or to protect our legal rights, prevent fraud, or ensure Platform integrity.

4.4. Aggregate and Anonymized Information

We may share aggregated data with partners or for research purposes. This data cannot be used to identify you.

4.5. Order Processing

Third-party providers who process data on our behalf (e.g. payment service providers, hosting providers) are contractually obliged to comply with technical and organizational measures in accordance with Art. 9 revDSG.

5. Data Retention and Security

5.1. Data Retention Period

We retain your data only as long as necessary for the purposes outlined in this Policy or to comply with legal obligations. Customer records may be retained for up to 7 years.

5.2. Security Measures

We use encryption, access controls, and regular assessments to protect your data. We follow frameworks such as GDPR, SOC 2, and apply best industry practices.

6. Your Rights and Choices

6.1. Access and Update

You may access or update your personal information via your account settings or by contacting us.

6.2. Deletion

You may request deletion of your personal information unless retention is required by law.

6.3. Marketing Preferences

You may unsubscribe from marketing communications at any time. You will still receive essential service messages.

6.4. Cookie Preferences

You can manage your cookie settings in your browser. Disabling cookies may impact Platform functionality.

6.5. Data Protection Impact Assessments (DPIA)

For data-intensive processes with an increased risk to personal rights (e.g. mystery app), we carry out a data protection impact assessment in accordance with Art. 22 revDSG.

6.6. Profiling and Automated Decisions

smartNsales does not use any fully automated decision-making processes with legal effect within the meaning of Art. 21 revDSG. If profiling is carried out, this is only done with transparent information and consent.

7. International Data Transfers

7.1. Data Storage and Processing

Your data may be processed in countries outside your residence. We use services such as Google Cloud Platform and apply standard contractual clauses and safeguards.

7.2. Safeguards

We implement SCCs, BCRs, and ensure compliance with GDPR and other privacy laws for international data transfers.

8. Children's Privacy

8.1. Age Restriction

smartNsales is not intended for children under 13. We do not knowingly collect data from children.

8.2. Parental Consent

If you believe your child has submitted personal information, please contact us to request deletion.

8.3. Parental Controls

We encourage parents to monitor their children's internet usage and use parental control tools.

9. Third-Party Links and Services

The Platform may contain links to third-party websites. We are not responsible for their content or privacy practices. Please review their privacy policies.

10. Changes to This Privacy Policy

We may update this Policy periodically. The date at the top reflects the latest version. Continued use of the Platform indicates acceptance of the updated Policy.

11. Enterprise-Specific Data Management

Enterprise clients may receive customized data handling, retention schedules, and security audits per contract terms. Contact us for a dedicated enterprise SLA.

12. Contact Us

For questions about this Policy or your data rights, contact us at:
📧 info@smartnsales.com
or via our main contact channels.