Introduction If you are viewing this page, you may have been using one of the applications built through our Service and you may want to find out more about the Data processing carried out via the SpotMe App. SpotMe takes care of protecting the confidentiality of the information that End-Users share, and commits itself to the strictest compliance with the data protection law that applies. This document is aimed at providing End-Users with an outline of what the Service provided by SpotMe consists of, what Personal Data are collected via the Service and how such Data are processed. SpotMe provides the Service to Clients who shall use it for the purposes and according to the modalities described in their privacy policy. In case of any inconsistency or discrepancy between the present document and the Client privacy policy, this latter document shall prevail. The contractual relationship between SpotMe and the Client is specifically addressed in the related paragraphs of the present document.
Service provided by SpotMe SpotMe is a company specialized in providing mobile event and engagement application solutions that may either be built autonomously by Clients or with the assistance of a SpotMe trained team of specialists. Each of these applications provide End-Users with a mobile and digital solution to interact and communicate during events, meetings or community engagements. Such communication is carried out in a paperless environment through the functionalities available in the application. Once the End-User has joined the event environment, he can start using the engagement features of the SpotMe app, including but not limited to, posting questions, receiving learning or training material, communicating in real time with other End-Users, taking notes, casting votes etc., the exact functionalities depending on the feature set made available on that application and on the setting thereof, as established by the Client.
Types of Data collected Usage Data The navigation on the SpotMe App (as well as the use of any third party’s application embedded and/or available therein), implies the communication of Usage Data, which is implicitly acquired during the navigation of the End-User through the internet communications protocol.
Usage Data includes but is not limited to, the IP addresses or domain names of the devices utilized by the End-Users, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the End-User, the various time details per visit (e.g., the time spent on each page within the SpotMe App) and the details about the path followed within the SpotMe App with special reference to the sequence of pages visited, and other parameters about the device’s operating system and/or the End-User's IT environment.
Usage Data is not collected for the purpose of identifying the End-User. However, End-User must be aware that the identification may be possible through further elaborations and associations, as well as with information held by third parties.
Should any wilful act of misconduct, fraud or criminal offence be perpetrated, Usage Data could potentially be used for ascertaining individual responsibilities.
Data communicated by End-User To use the Service, End-Users may need to register and disclose the information requested in the relevant forms in a complete and truthful manner. Whenever a field in the forms provided is described as “optional” or “not compulsory” or is not marked with “*” symbol it means that End-User is free not to communicate the requested Data and that the End-User’s request can be fulfilled notwithstanding the absence of this information. The Data collected by the SpotMe App for registration purposes are: email address, first name, last name. End-User’s Personal Data shall be processed upon End-User’s prior, free and informed consent, when required by the law, and solely for the purposes outlined in the present privacy policy. End-Users are responsible for any third party Personal Data obtained, published or shared through this SpotMe App and confirm that they have the third party's consent to provide the Data to the Client and / or SpotMe.
Mode and place of processing the Data Methods of processing The Data of End-Users is processed in an appropriate manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated.
Place The Data is processed at the Client's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact SpotMe privacy@spotme.com.
Retention time The Data is kept for the time necessary to provide the Service requested by the End-User, or stated by the purposes outlined in this document, and the End-User can always request that the Client suspend or remove the Data. For further information, End-User can contact SpotMe at privacy@spotme.com.
Purposes of processing The Data concerning the End-User is collected for the purposes described below.
In particular, Usage Data is solely processed to:
Permit the navigation of the End-Users on the SpotMe App from an operational and technical point of view; Improve the End-User’s navigation experience on the SpotMe App; Carry out statistical analysis in an anonymous and aggregated fashion; Ensure the security of Data and of the SpotMe App. As for the Data communicated by End-User on a voluntary basis, it is processed for the following purposes:
To provide the Service; To fulfil specific End-User’s requests including, but not limited to, contact or assistance requests, etc.; To fulfil duties which lie with the Client as set forth in the applicable laws and regulations; To allow End-User’s registration and the access of the End-User to its personal area available on the SpotMe App; To send informational messages and reminders related to the SpotMe App to the End-User; To send advertising and information messages aimed at promoting the Client’s Service, upon End-User’s consent; Where applicable, to allow third parties involved in the provision of the service to fulfil their contractual obligations. Further details about the processing of Personal Data carried out by the Owner can be found in the section below.
How it works for End-Users End-Users must be aware that other users of the application might have access to, or re-post, or otherwise share what they have published, which could also include Personal Data such as name, nickname/screen name, location and other information about the End-User, as well as information about the event they are participating to. These other users might make such information publicly available. Also, End-Users must be aware that the SpotMe App allows interactions among mobile devices running the SpotMe App or between mobile devices running the SpotMe App and other components of the SpotMe App. In particular, at each event at which the SpotMe App is employed, the Event Organizer determines the rules as to how individually-identifiable information in the SpotMe App will be made accessible to other End-Users. Where applicable and once these rules have been determined, SpotMe enforces them, including by withholding Data from the Event Organizer where that Data was gathered under a commitment of anonymity.
Some of the ways in which individually-identifiable information about a participant are made available to others vary from event to event including, but not limited to the following:
An End-User’s contact and other profile information may be provided to other attendees or exhibitors when the End-User has instructed SpotMe to send that information, e.g. through a business card exchange carried out through the SpotMe App; Session attendance Data may be provided to the Event Organizer or the sponsor of the session when the End-User has checked into a specific session or has been checked into a specific session; Poll/survey Data may be provided to the Event Organizer or the sponsor of the poll/survey (though poll/survey data is often anonymous); Winners of SpotMe App networking games or challenges managed through the SpotMe App may be announced or made visible on a display. End-Users who are not comfortable with the functioning of the SpotMe App may return their SpotMe device at any time (if they have been provided with such a device), may delete the SpotMe App from their personal mobile device or may request the deletion of their Personal Data to the Event Organizer.
Data communicated to SpotMe Data automatically collected by SpotMe The SpotMe App usually provides for a closed environment, meaning that the End-User must be authenticated with an email link or a similar authentication scheme before joining the SpotMe App. If no authentication scheme is available, End-Users can access by providing the following Data: email address, first name and last name. SpotMe does not automatically collect, via the service, any personal identifiable information from the Users. Nonetheless, the use of the Service may imply the automatic collection of some End-User's information and other Usage Data, including but not limited to, IP address, operating system and type of browser used by End-User's mobile device.
Communication of Data to SpotMe by the Client Notwithstanding the above, under specific circumstances and, namely, as part of the functioning of the SpotMe App related to a meeting or event at which the SpotMe App is employed, SpotMe may receive some personal identifiable information about the End-Users, including but not limited to, their name, surname and email address, in order to enable the particular features of the SpotMe App.
SpotMe does not own any such Data and shall process them, as Data Processor, according to the instructions and the terms and conditions set forth in the agreement entered into with the Client who remains the sole Data Controller.
Data transfers Liability for Data transfers Clients are solely liable for the lawful transmission of Personal Data referring to End-Users to SpotMe. Clients shall inform such Data Subjects accurately about the intended data transfer and collect their prior explicit consent, if needed. In particular, Clients shall inform their users about profiling activities possibly performed through recourse to services provided by SpotMe. In case such profiling activities take place, Clients are solely liable for the fulfilment of the notification, if required, to the competent Data Protection Authority, as well as to comply with any requirements prescribed by the applicable privacy laws which are relevant to the aforesaid data processing activities. Therefore, Clients are bound to inform the End-Users correctly about the data treatment performed with recourse to services provided by SpotMe according to applicable law, i.e. providing a privacy policy including information about data treatment performed by SpotMe on their behalf.
To the same extent, Clients are solely liable for the enforcement of consent revocations or other requests received by Data Subjects. Clients shall inform SpotMe accurately and without undue delay about the revocation of consent or the request and about the Data to be deleted, amended, rectified etc. Clients are solely liable for any damage possibly arising to third parties (e.g. their users or other Users) due to an unlawful processing of Personal Data transferred to SpotMe.
Data transfer abroad - European/Swiss Users' rights SpotMe operates through a network of subsidiaries.
As for the transfer of Personal Data to countries outside of the European Union, European Users must be aware of the following:
Data transfer to Switzerland European Users must be aware that such transfer is lawfully carried out pursuant to the European Commission’s decision 2000/518/EC of 26 July 2000 on the adequate protection of Personal Data provided in Switzerland.
Data transfer to the US SpotMe, Inc. participates in and complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union to the United States. SpotMe Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this document and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view SpotMe Inc.’s certification, please visit https://www.privacyshield.gov/ (or find the direct link to the certification list of Privacy Shield participants maintained by the Department of Commerce here https://www.privacyshield.gov/list)).
What does this mean for the European User? SpotMe Inc. is responsible for all processing of Personal Data it receives under the Privacy Shield Framework from European Union individuals and commits to subject the processed Personal Data to the Privacy Shield Principles. This, most importantly, includes the right of individuals to access their personal data processed by SpotMe Inc. SpotMe Inc. also complies with the Privacy Shield Principles for all onward transfers of Personal Data from the EU, which means that it remains liable in cases of onward transfers to third parties. With respect to Personal Data received or transferred pursuant to the Privacy Shield Framework, SpotMe Inc. is subject to the investigatory and regulatory enforcement powers of the FTC, if not stated otherwise in this document. SpotMe Inc. is further required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Notice to Swiss End-Users - Data transfer from Switzerland to the US SpotMe, Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss - U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. SpotMe, Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. Dispute resolution under the Privacy Shield In compliance with the Privacy Shield Principles, SpotMe Inc. commits to resolve complaints about its collection or use of the User’s Personal Data. European Union individuals with inquiries or complaints regarding this Privacy Shield policy should first contact SpotMe Inc. at privacy@spotme.com, referring to ”Privacy Shield” and expect the complaint to be dealt with within 45 days. In case of failure by SpotMe Inc. to provide a satisfactory or timely response, the User has the option of involving an independent dispute resolution body, free of charge. In this regard, SpotMe Inc. has agreed to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel with regard to data transferred from the EU. The User may therefore contact SpotMe Inc. at privacy@spotme.com, in order to be directed to the relevant DPA contacts. Under certain conditions - available for the User in full on the Privacy Shield website (https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint) - the User may invoke binding arbitration when other dispute resolution procedures have been exhausted. Swiss Users must be aware of the fact that the Federal Data Protection and Information Commissioner (FDPIC) can act as a mediator in all disputes related to the Swiss Users' Data protection. Therefore, Swiss Users can submit any Data protection related dispute to the mediation of the FDPIC.
Detailed information on the processing of Personal Data Given the information above, Personal Data can be collected by using some of the following services:
Analytics Unique device identification Hosting and backend infrastructure Push notifications Cookie Policy SpotMe uses Cookies. To learn more and for a detailed cookie notice, you may consult the Cookie Policy on http://spotme.com/specifications.
Additional information about Data collection and processing Legal action The Data Subjects' Personal Data may be used for legal purposes by the Client, in Court or in the stages leading to possible legal action arising from improper use of this SpotMe App or the Services. The Data Subject declares to be aware that the Client may be required to reveal Personal Data upon request of public authorities.
Additional information about Data Subject's Personal Data In addition to the information contained in this privacy policy, SpotMe may provide the Data Subject with additional and specific information concerning particular services or the collection and processing of Personal Data upon request.
System logs and maintenance For operation and maintenance purposes, the SpotMe App and, where applicable, third party services may collect files that record interaction with the SpotMe App (System logs) or use for this purpose other Personal Data (such as IP Address).
Children Under the Age of 13 The Service is directed to the general public. Client and SpotMe do not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that children under the age of 13 are accessing the Service. If Client or SpotMe learn that they have inadvertently collected Personal Data from a child under age 13, that Data will be deleted as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at privacy@spotme.com.
Information not contained in this policy More details concerning the collection or processing of Personal Data may be requested from SpotMe at any time at privacy@spotme.com.
The rights of Data Subjects Data Subjects have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller or SpotMe to learn about their contents and origin, to access, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons or to request data portability. Requests should be sent to the Data Controller (the Client) at the contact information provided in its privacy policy or to SpotMe at privacy@spotme.com. Data Subjects can lodge a complaint with the competent supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement of GDPR in relation to the processing of their Personal Data.
In the case of a personal data breach of data where SpotMe is the data processor, but not data controller, SpotMe will notify the Data Controller without undue delay after becoming aware of a personal data breach. In the case of a personal data breach of data where SpotMe is the data controller, SpotMe will without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55 GDPR, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. If the notification to the supervisory authority is not made within 72 hours, it will be accompanied by reasons for the delay. In the data breach notification, SpotMe will describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned, and communicate the name and contact details of the data protection officer or other contact point where more information can be obtained and describe the likely consequences of the personal data breach; describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects. SpotMe will document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken.
Questions on data protection and contact / information, correction, deletion and blocking You are always entitled to request information about any of your data that SpotMe has stored, as well as their origin and recipient and the purpose it was stored for. If you have any questions about data protection or if you wish to access, request data portability, correct, block or delete your profile or any of your personal data, or if you would like, at any time, to revoke a granted authorization regarding the use of your customer data or e-mail address, please contact the following: SpotMe Holding SA, Boulevard de Grancy 19A, 1006 Lausanne, Switzerland or by email privacy@spotme.com. SpotMe external data protection officer is Dr. Christian Rauda (board-certified attorney for information technology law), GRAEF Rechtsanwälte, Hamburg, Germany. You can reach him via privacy@spotme.com.
Changes to this privacy policy The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its End-Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If an End-User objects to any of the changes to the Policy, the End-User must cease using SpotMe App and can request that the Data Controller remove the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about End-Users.
Additional information about Data collection and processing For any further information about the Data processing by SpotMe as regards the provision of the Service, Users can write an email to the following address privacy@spotme.com.
Definitions and legal references Latest update: March 12, 2018