Privacy Notice

PRIVACY NOTICE

1. Introduction

Hera Digital is committed to protecting and respecting your privacy. For this reason, we strive to process our Member’s data solely in compliance to this privacy notice (the “Notice”) and with valid regulations relevant to data protection, i.e. the General Data Protection Regulation (GDPR) and the Federal Act on Data Protection (FDAP).


“Member” means any person with whom we have entered into an agreement for the provision of the Hera Digital services (the “Services”).
 


Your personal data includes all information relating to you (“Personal Data”). Processing means any handling of your Personal Data such as collection, retention, storage, usage, transfer and disclosure (“Processing”).

This Notice only applies to the Processing undertaken by or on behalf of us in relation to our online services available on our Website www.hera- digital.com (the “Website”) and the IOS and Android Application Hera & PAX (the “Applications”). Our Website/Applications may contain links to third-party websites and certain functionalities may be provided by third parties.

However, we are not responsible for the processing of your Personal Data by these parties. Please refer to the privacy policy of such third parties if you want to learn more about their processing policies.

2. Who we are

Hera Digital Sàrl, incorporated under the laws of Switzerland, with its seat at Place de la synagogue 5 , 1204 Genève, Switzerland (CHE-476.407.985), is the responsible of the processing of your Personal Data. You will find our contact details under Section 17.

All references in this Notice to “Hera Digital”, “we” or “us” are references to Hera Digital Sàrl.

3. Personal Data We Process

When you visit our Website/Application and/or use our Services, you may provide us with Personal Data, that we need to collect in order to provide you with the Services.

3.1. Information you provided to us

You choose to give us some information about you, such as:

i. Information concerning the creation and completion and general management of your account as well as for the subscription to a membership, such as your name, age, marital status, email address, telephone number, details on your personality, lifestyle, interests, pictures, videos, and other sensitive personal information such as racial or ethnic origins, sexual orientation, etc.;

ii. Contact details (e.g. name, address, phone number, e-mail address, date of birth);

iii. Financial information (e.g amount of payment, transaction data);

iv. Information in relation to materials and communications we send to you electronically, for example your use of marketing e-mails;


v. Any other information relating to you which you may provide to us.

We need to ensure that your Personal Data is accurate and up to date. Please keep us informed if the Personal Data you have shared with us changes during your relationship with us via the channel indicated

under Section 17, and review as frequently as possible the details in your account settings on our Website/ Application.

3.2. Information we receive from others

We may also receive information about you from others, such as:

i. Other Members, such as information provided to us by or on behalf of the other Members or generated by us in the course or providing services to Members;

ii. Social media, for example when you use your social media log-in to create your account;

iii. Our partners.

3.3. Information collected when you use our Services

We collect information about the way you access and use the Services on our Website/Application, in particular:

i. Your geolocation if you give us the permission;

ii. Technical information when visiting and using the Services (e.g. your IP- address, browser, device type);

iii. Information in relation to your visit of the Website and/or Application, for instance how you use them (e.g. features you’ve been using, searches, interaction with other Members, information on how often you use the Services), your log-in information (e.g. the date and time you logged in, the user/ device ID, the IP-address) and how you interact with other users (e.g. users you connect and interact with, time and date of your exchanges, number of messages you send and receive).

iv. Information provided to us by analytical tools;

v. Information resulting from your inputs throughout your use of the Services such as but not limited to pictures, videos, bio texts, etc. vi. Other information in relation to our Services.

4. How we collect your Personal Data

We collect your Personal Data in particular when:

i. You access our Website and/or Application with or without being registered;

ii. You interact with us, for example when you request information, or when you register to our newsletter;

iii. You download our Application;
 


iv. You subscribe a Free Trial (as defined in our Terms & Conditions) and/or a membership;

v. You access and use our Website and/or Application or Services after your subscription.

We also automatically collect Personal Data by analytical tools (see Section 11) or from other sources for example to keep your information up to date using publicly available sources.

5. For what purposes do we process your Personal Data?

We use and process your Personal Data for the following purposes:

i. To administer your account, including the creation and the managing of your account;

ii. To provide and improve our Services to you and the other Members;

iii. To provide and improve our Website and Application, including monitoring and evaluating its use and ensuring that the content of our Website/ Application is presented in the most effective way on your electronic device(s);

iv. To communicate with you and respond to your queries;

v. To help you connect with other Members (for more information, please see Section 7);

vi. To carry out and administer our relationship with you and the other Members;

vii. To prevent, detect and fight any abuse, fraudulent behaviour or other criminal, illegal or unauthorized activities;

viii. To maintain and protect the security of our Website, Application and Services as well as to prevent and detect any access attempts or unauthorized access;

ix. To promote and inform you about changes to our Services; x. To provide you with information on our Services, events and updates by sending you newsletters, surveys, alerts, push;

xi. To protect and defend our rights;

xii. To comply with our legal and regulatory obligations.

6. On which ground do we process your Personal Data?

We process your Personal Data on the following basis:

i. That is necessary for us to perform a contract;

ii. For the establishment, exercise or defence of legal claims or proceedings;

iii. To comply with legal and regulatory obligations;

iv. For legitimate interests including the interests set out above; and/or


v. Based on your consent.


7. Profiling and automated decision-making

By “automated decision-making” is meant any Processing which results in a decision that is based solely on automated processing including profiling (i.e. without any human involvement, for example based on automated algorithm techniques), which produces legal effects or similar significant effects on the data subjects.
 


By “profiling” is meant a process by which personal data is processed on an automated basis to evaluate, analyse and predict personal aspects, in particular regarding work performance, economic situation, health, personal preferences or interests, reliability, behaviour, location or movements.


We use automated decision-making and profiling to:

i. Help you connect with other Members;

ii. Present you ads and offers in accordance with your needs;

iii. Support you better with our Services.


8. Marketing

We may use your name and e-mail address(es) to send you publications, alerts, updates, promotions and other information by e- mail. However, we will ask for your consent first unless we have obtained your contact details from you in the context of our services and you have not opted out from receiving such marketing communications.

If you no longer wish to receive marketing communications from us, you can unsubscribe at any time by clicking on the link to that effect at the bottom of the newsletter, by changing your preferences directly in your profile settings or by contacting us.

9. Retention of your Personal Data

We store your Personal Data for as long as it is necessary for the purposes for which the data is collected, and as long as we have a legitimate interest in keeping Personal Data, for example to enforce or defend claims or for archiving purposes and IT security. We also retain your Personal Data as long as it is subject to a legal retention obligation.

The period of retention depends on the type of data concerned and the applicable legal requirements.

Uninstalling the Application on your mobile device will not delete your personal information. Deleting your account will delete your personal information.

10. Data Security

Hera Digital works hard to maintain the highest standards concerning level of protection and security. To that effect, we use various technical and organizational measures to help protect your Personal Data from unauthorized access, use, disclosure, alteration or destruction as well as from harassment such as computer attacks, spam and romance scams.

The transmission of information via the internet is not completely secure. Whilst we will do our best to protect your Personal Data, we cannot ensure the security of your Personal Data during transit to our Website. Any information you submit is sent at your own risk.

11. Tracking and Targeting

You may have the possibility to connect to the Application/Website through Facebook or Google Connect. By using this option, Facebook and Google will transfer the personal data you gave them to us (e.g., your email address, your profile, your age, etc.). Facebook and Google may also collect data via the login. We do not have any influence nor control over the scope of data collected by Facebook or Google. If you want more information about the processing of your Personal Data by Facebook or Google, please refer to their data policy available here for Facebook and here for Google.

12. Third-party links

Our Website/Application may contain links to social media pages. Clicking on those links or enabling those connections may allow third parties to collect your Personal Data. We are not responsible for the processing of your Personal Data by these parties.

Please refer to the privacy policy of such third parties if you want to learn more about their data processing practices.

13. With whom we share your Personal Data

For the purposes set out in this Policy and where necessary, we may share your Personal Data with trusted third- party, in particular:

i. Other Members as they will need to access your profile information and vice versa for a match to happen. They have to keep your Personal Data confidential and secure and to protect it in accordance with the laws and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions;

ii. Service providers (e.g. IT service/ hosting provider; payment service providers; cloud service provider);

iii. Other parties (e.g. lawyers, debt collection and credit agencies, consultants, auditors).

We may also disclose your Personal Data; 

(i) where we are required or permitted to do so by law or legal process, for example to respond to a court order or a request from a law enforcement agency, 

(ii) where we have a legitimate interest in doing so, for example in preventing harm or financial loss, 

(iii) in connection with an investigation of suspected or actual fraudulent or other illegal activity, 

(iv) to bring our defence against a claim or a lawsuit, or 

(v) if we sell or transfer all or a portion of our business or assets (including in the event of reorganization, dissolution or liquidation). We do not disclose your Personal Data to other parties who may use it for their own purposes, including third-party marketing.

14. Transfers of your Personal Data to other countries

We may transfer your Personal Data to recipients located abroad since we are operating globally, including in countries that do not provide the same level of protection as Swiss law and/or EU law. Before we do so we will implement appropriate measures to protect your Personal Data, for example by requiring the recipient to agree to data processing agreements. If you would like to receive a copy of these agreements, please contact us at the address indicated under Section 17.

15. Your rights

You are entitled to:
 


i. Ask for details of the Personal Data we hold about you and how we process it and to receive a copy of your Personal Data;

ii. Have your Personal Data rectified or deleted and to restrict our Processing of that information;

iii. Withdraw your consent (to the extent that the Processing is based on your consent). Please note that even after you have chosen to withdraw your consent by deleting your account or contacting our support team. We may be able to continue to process your Personal Data to the extent required or permitted by law;

iv. Lodge a complaint in relation to the Processing of your Personal Data with a local supervisory authority, in Switzerland with the Federal Data Protection and Information Commissioner. If you wish to exercise your rights, please contact us via the channels indicated below.

v. At anytime you can report, block and unmatch another member you no longer want to interact with. We take reports seriously and deal with them personally to protect you. 


16. Amendments to this Notice

We may amend this Notice over time. You will be notified of any significant changes or additions to this Notice through an appropriate channel, such as via e-mail or our Website/ Application. If you do not agree with the amendments, you will have to stop using and accessing our Website/ Application and our Services.

17. Contact information

If you have any questions or concerns regarding the Processing of your Personal Data or this Notice, please contact us by email at Support@hera-digital.com or directly from our website, by using this Link www.hera- digital.com/ support