Privacy Policy

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal Data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Application refers to SeniorContact, the software program provided by the Company.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to SeniorContact Sàrl (IDE:CHE-304.129.551).

  For the purpose of the GDPR, the Company is the Data Controller.

• Country refers to: Switzerland, Geneva

• Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.

• FADP (also referred to as nLPD) refers to the Swiss Federal Act on Data Protection of 25 September 2020, in force since 1 September 2023.

• GDPR refers to EU General Data Protection Regulation.

• LIPAD refers to the Geneva cantonal law on public information, access to documents and the protection of personal data (Loi sur l'information du public, l'accès aux documents et la protection des données personnelles, RSGe A 2 08), as revised (nLIPAD). LIPAD applies to public and semi-public institutions in the Canton of Geneva, including EMS (établissements médico-sociaux).

• Personal Data is any information that relates to an identified or identifiable individual.

  For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

• PPDT refers to the Préposé cantonal à la protection des données et à la transparence, the Geneva cantonal data protection supervisory authority.

• Sensitive Data means Personal Data revealing or concerning religious, philosophical, political or trade union opinions or activities, health, intimate sphere, ethnicity, social assistance measures, or criminal or administrative proceedings or sanctions. Under LIPAD and the FADP, health-related data is considered sensitive and subject to heightened protection.

• Service refers to the Application.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

  Under GDPR, You can be referred to as the Data Subject or as the User as you are the individual using the Service.

Swiss Data Protection Law

Our primary data protection framework is the Swiss Federal Act on Data Protection (FADP / nLPD). We design Our Service and internal processes to comply with Swiss law and, where applicable, the EU General Data Protection Regulation (GDPR). Our application data and servers are hosted in Geneva, Switzerland with our trusted hosting provider Infomaniak.

Public sector and cantonal laws

Many of Our enterprise customers are public or semi-public institutions in Switzerland (for example EMS, care homes, or other bodies subject to cantonal or sector-specific rules). In several cantons and sectors, these institutions are governed by data protection laws that are stricter than the federal FADP, in particular regarding international data transfers, breach notification, the role of a data protection counselor and the content of the data processing agreement.

When We act as a data processor for such institutions, We follow the processor obligations set out in the law that applies to them. In particular, We process Personal Data only on documented instructions, implement privacy by design and privacy by default, support data protection impact assessments where required (especially when Sensitive Data such as health-related information is involved), notify the institution and the competent supervisory authority without undue delay in the event of a data security breach, and conclude a data processing agreement (DPA) that reflects the applicable framework. For deployments subject to cantonal or sector-specific rules that restrict international transfers, We design the solution so that Personal Data of managed users remains in Switzerland or in countries with an adequate level of protection, and is not sent to third-party services in non-adequate countries (for example, We may disable or reconfigure push providers used in the standard consumer Service).

Example — Canton of Geneva (LIPAD): In the Canton of Geneva, public and semi-public institutions such as EMS are subject to the LIPAD (nLIPAD, RSGe A 2 08). In that context, Our obligations include adequacy-only data transfers (art. 36C al. 6 nLIPAD), notification to the institution's LIPAD counselor and to the Geneva PPDT in case of a reportable breach (art. 37C nLIPAD), and a DPA aligned with LIPAD requirements. The same principles apply as We expand to other cantons or regions, in line with the law applicable to each institution.

Supervisory authorities

If You are located in Switzerland, You have the right to lodge a complaint with the Swiss Federal Data Protection and Information Commissioner (FDPIC) if You believe that Your data protection rights have been violated.

If Your Personal Data is processed in the context of a cantonal (or other) public institution subject to its own data protection law, You may also contact the competent cantonal authority — for the Canton of Geneva, the PPDT.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

• Google
• Facebook
• Apple

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal Data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:

• Pictures and other information from your Device's camera and photo library

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.

In addition, the messages, photos and other user-generated content You choose to share through the Service may contain Personal Data about You or about other individuals. We treat this content as confidential and protect it using appropriate technical and organizational security measures, including encryption of message contents in our databases (not end-to-end encryption) and strict access controls limiting who within our team can access such content.

You can enable or disable access to this information at any time, through Your Device settings.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.

• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

• To manage Your requests: To attend and manage Your requests to Us.

• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Use of the Service by Organizations (B2B / Enterprise)

Many of Our customers are organizations such as care institutions, associations or companies that use the Service to communicate with their residents, patients, employees or other users. In these cases, the organization will generally act as the data controller for the Personal Data they enter into the Service, and the Company will act as their data processor, processing Personal Data on their documented instructions. The organization remains responsible for providing any necessary information notices to individuals and for ensuring it has an appropriate legal basis to use the Service with them, while We support them by providing a secure and reliable technical platform.

When organizations such as EMS, care institutions or associations use SeniorContact Enterprise to manage seniors' tablets, profiles and communications, they are responsible for having an appropriate legal basis under applicable data protection laws (for example, a legal basis under LIPAD for Geneva public institutions, or consent or another justification ground under the FADP) and for complying with any sector-specific rules that apply to them, particularly when handling Sensitive Data such as health-related information. For institutions subject to LIPAD, this includes ensuring compliance with the heightened requirements for processing Sensitive Data (art. 36 nLIPAD).

We make available a data processing agreement (DPA) to organizations using our enterprise offering. For institutions subject to cantonal or sector-specific data protection laws (such as the LIPAD in the Canton of Geneva), this DPA is designed to meet those processor obligations, including data residency guarantees, sub-processor restrictions, breach notification to the competent authority and the institution's data protection counselor, and support for data protection impact assessments.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy or as required by applicable law. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. In practice, this means in particular that We generally apply the following retention principles:

• Account information (such as your profile and settings): kept for as long as your Account is active. When You request deletion of your Account, We delete or anonymise the associated Personal Data without undue delay, subject only to any information We are legally required to retain.
• Technical and security logs related to the use of the Service (application logs): kept for up to 7 days in order to ensure the security, stability and proper functioning of Our systems.

Transfer of Your Personal Data

Your information, including Personal Data, is processed primarily on servers located in Switzerland (Geneva) and at the Company's operating offices and in any other places where the parties involved in the processing are located. In particular, We host Our application data and servers with Our trusted provider Infomaniak in Geneva, Switzerland. This means that this information may also be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Where We transfer Personal Data to countries that do not provide an adequate level of data protection from a Swiss or EU perspective, We take appropriate safeguards, such as using standard contractual clauses approved by the European Commission or Swiss authorities, or working with providers that are subject to equivalent protections.

Restriction for public-sector and cantonal institutions: Where Personal Data is processed on behalf of an institution subject to a cantonal or sector-specific law that restricts international transfers (for example the LIPAD in the Canton of Geneva, art. 36C al. 6 nLIPAD), transfers are permitted only to countries that provide an adequate level of data protection as recognised by Switzerland. Standard contractual clauses or other supplementary safeguards are not a substitute for adequacy in those cases. We guarantee that, for such enterprise deployments, all Personal Data remains within Switzerland or in countries on the Swiss adequacy list.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Delete Your Account

If you wish to delete your account and all associated data, please visit our dedicated page: https://seniorcontact.app/delete-account.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Data Security Breach Notification

In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data, We will:

• Take immediate measures to contain the breach and mitigate its effects;
• Notify the relevant supervisory authority without undue delay where the breach is likely to result in a high risk to individuals' rights. Under the FADP, this is the FDPIC;
• For Personal Data processed on behalf of an institution subject to cantonal or sector-specific law (e.g. LIPAD in Geneva), also notify the institution's designated data protection counselor and the competent cantonal authority (for Geneva, the PPDT) without delay;
• Inform affected individuals where the breach is likely to result in a high risk to their rights and freedoms.

Security of Your Personal Data

The security of Your Personal Data is important to Us. We use a combination of technical and organizational measures to protect Your information, including encryption in transit (for example, HTTPS/TLS), encryption of message contents in Our databases, access controls based on the principle of least privilege, and logging of administrative access and actions on production systems. Our infrastructure is hosted in secure data centers in Switzerland, and We regularly update Our systems and apply security patches.

We apply the principles of privacy by design and privacy by default, meaning that data protection considerations are integrated into the development and configuration of Our systems from the outset, and that the default settings of Our Service collect and process only the minimum amount of Personal Data necessary for the intended purpose.

However, please remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

• OneSignal

  Their Privacy Policy can be viewed at https://onesignal.com/privacy_policy

  Note for public-sector and cantonal deployments: For enterprise deployments subject to cantonal or sector-specific rules that restrict international transfers (e.g. LIPAD in Geneva), OneSignal is either not used or is configured so that no Personal Data of managed users is transmitted to servers outside of countries with an adequate level of data protection.

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

• Apple Store In-App Payments

  Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/

• Google Play In-App Payments

  Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/

GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

• Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
• Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

If You are located in Switzerland, the rights described in this section also reflect Your rights under the Swiss Federal Act on Data Protection (FADP / nLPD), and You can exercise them by contacting Us in the same way. You also have the right to lodge a complaint with the Swiss Federal Data Protection and Information Commissioner (FDPIC) if You believe that Your data protection rights have been violated.

If Your Personal Data is processed on behalf of a cantonal (or other) public institution subject to its own data protection law (for example the LIPAD in Geneva), You may also exercise Your rights by contacting the institution or its data protection counselor, and lodge a complaint with the competent cantonal authority (for Geneva, the PPDT).

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Children's Privacy

Our Service does not address anyone under the age of 16. We do not knowingly collect personally identifiable information from anyone under the age of 16. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 16 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us by email at support@seniorcontact.app.