Last revised: 18.01.2017
Furthermore, please note that you cannot use the Site:
•in any way that causes, or is likely to cause, the Site, or any access to it, to be interrupted, damaged or impaired in any way;
•for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
•to cause annoyance, inconvenience or anxiety.
Our Services and the Company's Role
The Company is not the seller of the products and the sale of products is entirely subject to the sale terms and conditions of the Seller. Seller's terms and conditions are available on the App on individual product pages.
The Company only receives the payment on its PayPal account on behalf of the Seller. The Company is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the Seller's agent. The Seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and Seller.
Our Intellectual Property Rights
All content included in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of the Company or its content suppliers and is protected by national and international copyright laws and intellectual property laws. The compilation of all content included in or made available through the Site is the exclusive property of the Company and is protected by national and international copyright and database laws. You may not extract and/or re-utilise parts of the content of the Site without the express written consent of the Company. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of the Site, without our express written consent. You may also not create and/or publish your own database that features substantial parts of the Site (e.g., our product indexing or listings) without our express written consent.
All content such as graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of the Company. The Company's trademarks may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company.
All other trademarks not owned by the Company that appear in the Site are the property of their respective owners (e.g., the Sellers), who may or may not be affiliated with, connected to, or sponsored by the Company. The Company has obtained a license in order to lawfully display these third parties' trademarks on the Site. Please also note that the Company respects the intellectual property of third parties. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please send us an e-mail at the following address: [email protected] .
Visitors may post reviews, comments and other content, send communications and messages, submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a document or other content. Except when required by the competent authorities, we reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on the Site contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the Site, please notify us by sending us an e-mail at the following address: [email protected]
If you post content or submit material, and unless we indicate otherwise, you grant the Company a non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. No moral rights are assigned under this provision. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted:
•the content and material is accurate;
•the use of the content and material you supply does not breach any applicable law or policies and will not cause injury to any person or entity (including that the content or material is not defamatory).
You agree to indemnify the Company for all claims brought by a third party against the Company arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content upon notice received from competent authorities.
Limitation of Liability
The Company will do its best to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. In any event, to the maximum extent permitted by applicable law, the Company will not be responsible for:
losses that were not caused by any breach on our part;
any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure);
any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the the Site.
Last revised: 18.01.2017
What are Cookies? When you use our Services or open our e-mails, we or an authorized third party may send you a cookie. Cookies are small text files located in your browser directory that may be placed on your device. When a website is accessed, a cookie that is placed on a device will send information to the party that has placed the cookie. Cookies are extremely common and used on a number of websites. Each cookie will typically contain the name of the domain from which the cookie has come, the lifetime of the cookie, and a value, which is usually a unique number.
Cookies allow a website owner to do useful things; for example, a cookie would permit a website owner to find out whether a computer has visited the site previously. In general, the purpose of cookies is to improve the performance of the website and the user’s experience in using that website. Cookies help to make a website work more efficient, enable extra functionality, and provide website owners with additional information about your visit to a website. Cookies also allow a website owner to track overall site usage and determine areas that users prefer. Cookies help make the user’s visit to a website easier by recognizing the user upon return and providing a customized experience. For a more detailed explanation of what cookies are and how they operate, please visit www.aboutcookies.org or www.allaboutcookies.org.
Our Services may place session and persistent cookies on your device. Whereas the difference between a first party and third party cookie relates to the party controlling the initial placement of the cookie on your device, the difference between a session and a persistent cookie relates to the length of time the cookie lasts. Session cookies are cookies that typically last for as long as you are using your browser. When you end your browser session, the cookie expires. Persistent cookies, as the name implies, are persistent and will last after you close your browser. This allows a quicker and easier access to our Services.
What types of Cookies do we use? Information gathered through usage of a cookie is not linked to any direct personal identifiers (e.g. your name or e-mail address), unless you become our customer. Once you submit personal data through our Services (e.g. by signing up to receive information from us or by placing an order) we may link such personal data with cookies or other data that are associated with your visit to and use of our Services. Before we do so, we will notify you of this fact and seek your consent or grant you a right to object, if required by the law. The following table lists the cookies that we use on our Services.
Last revised: 18.01.2017
“Personal data” means any information that is attributed or attributable to you as the user of the Services, irrespective of whether such information was entered by you, collected from you or otherwise obtained by us. “Handling” of personal data means the collection, processing and/or use of personal data. “Collection” of personal data means the acquisition of personal data by whatever means. “Processing” of personal data means the recording, alteration, transfer, blocking or erasure of personal data. “Use” of personal data means any handling of personal data that is not a collection or processing.
The responsible data controller for any personal data collected, processed and used in connection with the Services is FlickUp SA 3,Chemin du Pré Fleuri, Plan-Les-Ouates, CH-1228 Geneva, Switzerland, Registration number: CHE-483.074.417, [email protected]
Types of data
In addition to any other personal data that you enter on our Services (e.g. when you fill in a form) or otherwise actively provide to us (e.g. when you send an e-mail to our customer support service), we may collect the following types of personal data when you use our Services:
•Your name, title and address;
•Your personal contact information (phone, e-mail, fax, etc.);
•Name, address, department, contact information and other information in relation to a company that you represent (if any) and your function within such company;
•Your login name and your password;
•Your account number and other user profile information;
•Your preferences (e.g. preferred language settings);
•Your IP address, operating system, browser type, browser version, browser configuration, name of internet service provider, and other types of computer and connection related information relevant to identifying your type of device, connecting to the Services, enabling data exchange with you and your device, and ensuring a convenient use of the Services;
•URL and IP address of the Services from which you accessed our Services, including date and time;
•Your subpages visited while on our Services and your links followed on the Services, including date and time;
•The full Uniform Resource Locator (URL) click stream to, through and from the Services, including date and time;
•Your data on mobile activity through use of our Services, such as your location, mobile device type, and mobile capabilities;
•Your social media information, such as your contact information, e-mail address, friend information, friends and pages with whom you have an association, and other information stored within social media, when you interact with our Services within social media;
•Your service requests and orders placed;
•Your open and completed transactions;
•Your search terms entered;
•Your services/products viewed or searched for on the Services;
•HTTP header information from client-side tracking objects, your device, and our server logs;
•Your payment information;
•Your newsletter subscriptions, enrolment for promotions, use of special offers, etc.;
•Your consents, authorizations, etc.;
•Your survey answers, reviews, ratings and other types of feedback provided;
•Content of any of your communication sent through the Services, including any information posted in social communities on the Services or otherwise shared with us and/or other users, as well as chat messages and chat transcripts;
•Information on software downloaded from the Services;
•Any other information that you actively enter on, or upload to, the Services (e.g. content that you fill into an online form, a photo that you upload).
We handle your personal data for the following purposes:
•To administer, operate, maintain and improve the Services;
•To facilitate and process product and service orders placed on the Services;
•To answer your questions and respond to your requests;
•To provide you with information about products and services that may be of interest to you;
•To evaluate your eligibility for certain types of offers, products or services;
•To communicate with you on other matters (e.g. to send you reminders, technical notices, updates, security alerts, support and administrative messages or service bulletins);
•To provide you with a personalized experience of our Services (e.g. by tailoring content or offers to your individual preferences);
•To help us to improve and personalize the Services, our products and services;
•To perform analytics and conduct customer research, including general market research or surveying our customers' needs and opinions on specific issues, generating sales and traffic patterns, and to analyze advertising effectiveness, both on an anonymous basis (e.g. by aggregating data) and on an individual basis;
•To administer rewards, surveys, sweepstakes, contests, or other promotional activities or events;
•For other purposes that you have specifically agreed to;
•To comply with legal obligations, prevent unlawful uses of the Services, resolve disputes, and enforce our agreements;
•Otherwise as permitted by applicable law.
Other Company group entities and business partners. We may share your personal data with other entities of the Company group of companies and with our business partners if there is a legitimate reason to do so.
Third party service providers. We may employ third party service providers (i.e. companies or individuals engaged by us) to perform certain functions on our behalf and under our instructions (e.g. database management, maintenance services, web analytics, handling in-bound inquiries, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing sales and marketing assistance, processing credit card payments, and providing customer service). Third party service providers may for instance include IT companies, credit card processors, credit rating agencies or legal, financial and other advisors. We require that our third party service providers implement and maintain security measures to protect the confidentiality and security of the personal data you provide to us.
Other users of the Services. If you use posting, chat, messaging or other interactive functions provided on our Services, you may disclose your personal data to other users of the Services to the extent required in the context of such functions.
Courts and public authorities. We may share personal data with courts and public authorities when we believe it necessary to comply with the law, to protect the rights or safety of our the Services, other users, or third parties (e.g. for fraud protection and credit risk reduction purposes; for protecting and defending the rights or property of the Company, its customers, other users, or member of the public). Without limitation, this may include cases in which we are required to share personal data by the law or binding order of courts, law enforcement authorities or regulators. Should we decide to disclose personal data in such context we will also consider ways of reducing the scope of the disclosure.
Security and data retention
We understand the importance of data security and we want your user experience with us to be as safe as possible. We have implemented reasonable safeguards and precautions to protect your personal data, including technical and organizational measures against unauthorized access, improper use, alteration, unlawful or accidental destruction, and accidental loss. We store the information in a database in a secured environment at our data centers. We kindly ask you to understand that we cannot disclose further details of our security measures publicly since this might expose your data and our Services to unnecessary risk. Please understand that, while we strive to protect your personal data against potential risks and exposures, there is no absolute security in the online sphere. Hence, we ask you to support our security efforts by not disclosing any personal data that is particularly sensitive and not required for your use of the Services. Moreover, it is important for you to protect against unauthorized access to your password and to your computer. Indeed, be sure to sign off when you finish using a shared computer.Your personal data is not retained by us for longer than necessary for the legally permissible purposes for which they were collected, as required under applicable retention policies and/or as required or permitted in accordance with applicable law.
Some areas of the Services allow you to provide content to us (e.g. comments, reviews, etc.). If you use said areas of the Services, please be aware that any information you submit in these areas can be read, collected, or otherwise used by anyone who visits or uses the Services. Please do not submit any information that is confidential, that you want to exclude from being seen, copied and disseminated by others, that may infringe another person’s rights, or that may violate the law. To request removal of your personal data from our Services, contact us at the following address: [email protected] In some cases, we may be unable to follow your request for legal reasons or for technical reasons, in which case we will let you know if we are unable to do so and why (unless such notice would be unlawful). Please also be aware that the information may still be accessible to others even after its removal from our Services (e.g. where other persons have previously copied the information).
You have a variety of choices regarding which personal data we may collect process and use about you and for which purposes. Some of these choices include the following:
You may use the Services and its functions and features anonymously, unless where it is strictly necessary to identify you (e.g. to make an order). You can choose not to provide certain personal data at all, in particular where we seek your consent for the collection of information. You may at any time withdraw any privacy consent provided in the past with future effect and/or use our newsletter opt-out features and other features to unsubscribe.
You may at any time object to further uses of your personal data for marketing purposes.
You have all rights to access your personal data, or to request that your personal data be rectified, deleted or blocked, as provided by applicable law.
For further information on our data handling practices, please contact us: FlickUp SA 3,Chemin du Pré Fleuri, Plan-Les-Ouates, CH-1228 Geneva, Switzerland, Registration number: CHE-483.074.417, [email protected]