Datamars Privacy Notice – Website Visitors, Customers and App Users

1. Introduction

1.1 Datamars Digital Solutions SA (“Datamars”) respects individuals’ privacy and is committed to providing transparency regarding its privacy practices. This Privacy Notice (“Platform Privacy Notice”) explains how Datamars collects, protects, uses, discloses and otherwise processes Personal Data about:

Our customers, prospective customers and partners, or representatives of our customers, prospective customers and partners;
Individuals who access our websites (“Website Visitors”), or App ("App Users") and
Anyone who communicates or otherwise engages with us about our Services through our Platform;

(“you” or “your”), as well as the rights that you have with regards to such Personal Data.

1.2 This Platform Privacy Notice does not apply to the Personal Data that Datamars collects and processes related to our employees, job applicants and job candidates.

1.3 Datamars Platforms are not designed for, or directed at, children under the age of 13 and we do not knowingly collect personal data from individuals in this age group. If you believe we have inadvertently collected personal data about a child, you may contact us at privacy@datamars.com and we will take steps to delete this data.

1.4 This Platform Privacy Notice may change from time to time, so please check this page occasionally to ensure that you are familiar with any changes.

2 Who We Are

2.1 Datamars, with legal head office in Via Industria 16, 6814 Lamone, Switzerland, with its operating divisions, subsidiaries, affiliates, and branches (collectively “Datamars” or “Controller“), acts as Controller of your personal data (“Personal Data”) when you use any of our products (“Devices”) and associated mobile application (“App”). Datamars also operates a dedicated website (the “Website”). The App together with the Website is known as the “Platform,” accessed by users to avail of Datamars Services.

2.2 If you are located within the European Economic Area (“EEA”), United Kingdom (UK), or Switzerland, Datamars is the Controller of your personal data. If the Datamars entity acting as the controller of the Personal Data is located outside the EEA, UK, or Switzerland, if applicable, Datamars SA will represent it in data privacy matters.

3 What Personal Data does Datamars Collect?

3.1 This Platform Privacy Notice is provided only for your use of the Platform and not for other websites that may be consulted by you through links on the App. The types of Personal Data Datamars collects depend on the nature of its relationship with you. If you fail to provide certain Personal Data, Datamars may not be able to perform the Services.

3.2 We collect the following Personal Data:

Information about you: Datamars collects your name, gender, date of birth, address, email address, and contact number when you purchase a Device and/or sign up to a subscription through the App or Website.
Account Data: Datamars collects personal information when you create and register an account with Datamars, and when you subscribe to Datamars Services through the use of our Platform. This includes information such as your name, email, address, phone number, customer ID, transaction data, and login details.
Technical Data: Datamars collects information about your visit when you browse our Website and use the Platform, such as IP address, browser type, operating system, geolocation, and any other type of unique numbers assigned to your devices.
Financial Information and Purchase History Data: Datamars collects this information when you buy a Device and/or sign up for a subscription through the Website. This includes details of credit/debit card/online payment system information, bank details, billing address, purchase history, and payment ID number.
Pet Information: Through the use of our Platform, you may be asked to enter information about your pet, such as name, gender, date of birth, weight, and size. The Platform will also log data about the location transmission, such as sync time and date, Device battery level, position, and activity data of the pet since the last sync.
Location Features: To provide accurate real-time information required for features of our Platform, we collect data such as GPS signals, device sensors, Wi-Fi access points, and cell tower IDs to determine your specific location and your pets’ location.
Information from Third-Party Sources: Datamars may receive information about you from publicly and commercially available sources (as permitted by law), which we may combine with other information Datamars receives from or about you. Datamars also may receive information about you from third-party social networking services when you choose to connect with those services.
Other Information: You may choose to provide Datamars with information when you contact us, respond to surveys, sign up for newsletters/mailing lists, fill in forms, or use other features of the Services. Datamars may keep a record of that information and/or correspondence, which includes any marketing.

Website Visitors

3.3 We collect information directly from you when you complete a ‘contact us’ form or subscribe to our newsletter and mailing list. In these cases, you will be treated as a prospective or actual customer.

3.4 When you navigate through and interact with our Platform, we and our third-party providers may, with your consent where appropriate, automatically collect and record information about your browsing activities using cookies, pixel tags, log files, and other similar technologies (referred to below as “Cookies”).

3.5 We process your personal data for a number of purposes including:

Necessary functionality and Website & Information Security: These cookies are set automatically when you visit our Website. They may record information about your computer and internet connection, IP address, operating systems and browser type, your visit to our website, traffic data, location data, and other communications data and resources you access on the Website.
Website Analytics: If you have agreed to us setting these Cookies, we use them to assess how visitors use our sites so we can improve them. We automatically record information about visits to our Website including traffic data, location data, logs, and other communications data and the resources you access and use on the Website, as well as information about your computer, internet connection, IP address, operating system, and browser type.

4 Cookies and Tracking

4.1 A cookie is a small file placed on the hard drive of your computer when you access our website or interact with an email from us, although we also use the term “Cookie” to refer to pixel tags, log files, and other similar technologies.

4.2 The Cookies we use may collect information about your equipment, browsing actions, and patterns. Please refer to our Cookies Policy for more information.

5 How Datamars Uses Your Personal Data

5.1 Datamars will only collect, use and share your Personal Data where Datamars has an appropriate legal basis to do this. This may be because:

you have provided your consent to us using the personal information;
our use of your personal information is in our legitimate interest as a commercial organisation. In these cases, we will look after your information at all times in a way that is proportionate and respects your privacy rights, and you have a right to object to processing as explained below;
our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you; and
our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have.

5.2 The purposes for which Datamars uses your Personal Data, and their associated legal bases, are described below:

Purpose	Legal Basis
Marketing Datamars products and services in our newsletters and via email.	Legitimate interest in contacting subscribers, customers and potential customers to promote products and services; or (where required by law), consent.
To ensure the Device is configured correctly when you use the App. We may also collect and process limited personal data to ensure software updates can be made on the App and also to enable a Bluetooth connection to be made to the Device.	Performance of a contract with you; Legitimate business interests related to providing you with a product or a Service.
To register you for, or to provide you with a Service.	Performance of a contract with you; Legitimate business interests related to providing you with a product or a Service.
Resolve customer queries and complaints.	Legitimate interest in resolving queries and complaints; or compliance with a legal obligation.
To process payments on Devices, subscriptions, and Services and to deliver Devices to you.	Performance of a contract with you; Legitimate interests as a business to process payments for services provided.
Provide you with access to all parts of our App and Website, to authenticate and enable access to Services and features of the websites for you, to personalize your experience of the App; to study how anonymous users interact with our Services; and ultimately improve the functionality of the websites for the benefit of all users.	Performance of a contract with you; Legitimate interest in providing an enhanced, customer-friendly website by understanding how the Website is used.
To contact you to provide notices regarding your use of or the provision of the App, or if your actions violate your agreement with Datamars (if any).	Performance of a contract with you; Legitimate interests in protecting Datamars’ business.
To monitor business performance and for internal record keeping; to administer referral programs, rewards, surveys, sweepstakes, contests.	Legitimate interest in providing an enhanced, customer-friendly website by understanding how the Website is used, or (where required by law), consent.
To improve existing Services and the App, and to aid the development of new products & services and to find errors in and analyse performance of the Services.	Legitimate interest in providing an enhanced, customer-friendly website and in improving performance, or (where required by law), consent.
Protect our employees and guarantee the security and safety of the Platform.	Legitimate interest in protecting our employees and preventing crime; or compliance with a legal obligation.

Important Notice: Where Datamars relies on a legitimate interest of Datamars or a third-party recipient of the Personal Data in order to use and disclose such data, you are entitled to object to such use or disclosure and if you do, Datamars will stop processing your Personal Data for that purpose unless Datamars can show there are compelling legitimate reasons to continue to do so.

6 Use of Aggregated Data

6.1 Datamars may also use your Personal Data and other information to create aggregated information excluding information that makes the data personally identifiable to you. Datamars may use and share such information to improve its products and services, develop new products and services, and for research, analytics, and any other lawful purposes.

7 Who Do We Share Your Personal Information With?

8 We share your Personal Data with the following categories of recipients:

8.1 Within Datamars

(1.a) We may share your information within Datamars, where such disclosure is necessary to provide you with the Services or to manage the business.

8.2 Service Providers

(2.a) Datamars may share Personal Data with our third-party service providers, agents, subcontractors, vendors, business partners, third-party platform services, marketing, and other organizations listed below for the management of the information system and communications networks (including E-mail boxes), newsletter services, freelancers, offices, or companies in the context of assistance and consultancy.

Banks, payment processors and financial services providers
Cloud storage providers
Website analytics providers
IT support service providers

NOTE: The legal basis of such sharing is Datamars’ legitimate interest in effectively operating and improving its business. Datamars has appropriate contracts in place with the service providers that prohibit them from using or sharing your Personal Data except as authorized.

8.3 Competent Authorities

(3.a) Datamars may disclose information about you to other third parties, such as governmental agencies and regulators (e.g., tax authorities), social insurance carriers, courts, law enforcement agencies, government authorities, and external advisors acting as controllers (e.g., lawyers, accountants, auditors, etc.).

NOTE: Such transfers are made in order to comply with legal obligations and for the legitimate interests pursued by Datamars or a third party to ensure the protection of the rights and property of Datamars and others, including:

(3.a.i) if Datamars is required to do so by law, court order, or legal process;
(3.a.ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements;
(3.a.iii) to enforce Datamars policies or contracts;
(3.a.iv) to collect amounts owed to Datamars; or
(3.a.v) when Datamars believes disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity.

8.4 Other Recipients

We may also disclose or transfer your Personal Data to a third party:

(4.a) In the event of a proposed or actual commercial acquisition or corporate event such as for reorganization to allow for the sale or transfer of our business. The legal basis for doing so under the GDPR and nFADP, where applicable, is Datamars’ legitimate interest in being able to manage its business by conducting such a sale or transfer.
(4.b) Where the recipients have independent purposes and means of processing your personal data, you may contact us at privacy@datamars.com for more information about the identities and contact information of the recipients, the specific types of personal data shared, and the purposes of sharing. We will share with you the relevant information unless the disclosure is prohibited or restricted by applicable law.

9 International Data Transfers

9.1 Datamars is a global group of companies. Accordingly, your Personal Data may be transferred and stored in countries outside the EEA. Datamars will always take steps to ensure that any international transfer of information is carefully managed to protect your rights and interests, in particular either:

(1.a) only transfer your Personal Data to countries which are recognised as providing an adequate level of legal protection in accordance with relevant data protection laws; or
(1.b) ensure that transfers outside your country are subject to additional safeguards required under local law - for example, the EU Model Clauses pursuant to the GDPR or by relying on certification schemes. In particular, we are a party to an Intra-Group Data Transfer Agreement which governs the transfer of Personal Data across all members of the Datamars group of companies, and which includes an appropriate mechanism to lawfully transfer personal data outside of the EEA, (namely the standard contractual clauses).

9.2 When we transfer personal data, we will take organizational, contractual, and technical measures designed to safeguard your personal data to the levels required by local laws, including through appropriate written data processing terms and/or data transfer agreements and/or other legally acceptable mechanisms according to applicable local laws.

9.3 Please contact us at privacy@datamars.com for more information about the protections that we put in place and to obtain a copy of the relevant documents.

10 Security

10.1 Datamars has put in place a variety of technical and organisational security measures, policies and procedures designed to protect your Personal Data and reduce the risk of accidental destruction or loss, or the unauthorised disclosure or access to such information. Measures we take include placing confidentiality requirements on our staff members and service providers; destroying or permanently anonymising personal information if it is no longer needed for the purposes for which it was collected.

10.2 Services or the Platform may link to third-party websites and services that are outside Datamars’ control. Datamars is not responsible for the security or privacy of any information collected by such websites or other services. You should exercise caution and review the privacy statements applicable to the third-party websites and services, as Datamars does not accept any responsibility or liability for these policies.

10.3 Unfortunately, the transmission of information via the internet is not completely secure. Although Datamars will do its best to protect your Personal Data, Datamars cannot guarantee the security of your Personal Data transmitted to the Website; any transmission is at your own risk.

11 How Long We Keep Your Personal Data

11.1 Datamars only retains the Personal Data we receive as described in this Platform Privacy Notice for as long as you use the Platform or as necessary to fulfil the purpose(s) for which it was collected, including for the purposes of providing our products and services, to resolve disputes, to establish legal defences, to conduct audits, to pursue legitimate business purposes, to enforce our agreements and to comply with applicable laws. For example:

Data relating to customers that purchase products or subscriptions will be kept for the duration of our relationship with you plus 10 years;
Cookie data will be anonymised or deleted within 12 months of collection, with the possibility of opt-out.

11.2 In some circumstances Datamars may store your Personal Data for longer periods of time, for instance where Datamars is required to do so in accordance with legal, regulatory, tax, and accounting requirements.

11.3 In specific circumstances Datamars may store your Personal Data for longer periods of time so that we have an accurate record of your dealings with Datamars in the event of any complaints or challenges, or if Datamars reasonably believes there is a prospect of litigation relating to your Personal Data or dealings.

12 Data Subject’s Choices and Rights

Your local data protection laws may confer rights on you in relation to your personal data. The rights available to you may vary depending on our reason for processing your personal data and the country/region you are based in. This section applies only to data subjects based in the EEA, UK or Switzerland, who have certain rights under the applicable data protection laws and regulations, as summarized below:

12.1 Accessing Your Personal Data
You have the right to ask for a copy of the information that we hold about you by emailing or writing to us at the address at the end of this policy. We may not provide you with a copy of your personal data if this concerns other individuals or we have another lawful reason to withhold that information.

12.2 Correcting and Updating Your Personal Data
The accuracy of your information is important to us. If the personal data we hold on you is inaccurate or incomplete, you are entitled to request that we make corrections.

12.3 Withdrawing Your Consent
Where you have previously provided your consent and that is our legal basis for processing your personal data, you may withdraw your consent at any time.
Please note that if you do withdraw your consent, our use of your personal data before you withdrew your consent remains lawful.

12.4 Marketing Communications
You may receive periodic emails, newsletters, mailings or phone calls from Datamars with information on Datamars or our business partners' products and services or upcoming special offers/events we believe may be of interest to you, if you have opted-in to receiving these communications. We will direct these communications to you only with your consent (where such consent is required by law). You can opt-out of these communications at no cost at any time by clicking an "unsubscribe" button provided in marketing email communication sent by Datamars or by writing to privacy@datamars.com.

However, Datamars may continue to send transaction-related emails regarding products or services you have requested: you will not be able to opt-out of some of those communications (for example, communications regarding updates to the terms of use of this Privacy Notice). Datamars shall maintain telephone "do not call" lists and "do not mail" lists as mandated by law and process requests in relation to those lists within such time periods as required by law.

Datamars also uses customer relationship management (CRM) database technology to manage and track its marketing efforts. Datamars CRM databases include Personal Data belonging to individuals at Datamars’ customers and other companies with whom Datamars already has a business relationship or wants to develop one. The Personal Data used for these purposes includes relevant business information, such as: contact data, publicly available information (e.g. board membership, published articles, press releases, public posts on social media sites if relevant for business purposes), customer responses to targeted e-mails (including web activity following links from Datamars e-mails), website activity of registered users of Datamars Platform and other business information included by Datamars professionals based on their personal interactions with customers.

12.5 Erasing Your Personal Data or Restricting its Processing
In certain circumstances, you may ask for your personal data to be removed from our systems. Unless there is a lawful reason which allows us to use your personal data for longer, we will make reasonable efforts to comply with your request. For example, if we need to retain your personal data to complete a transaction or provide you with a service.

You may also ask us to restrict processing your personal data where you believe it is unlawful for us to continue processing, you have objected to its use and our investigation is pending or you require us to keep it in connection with legal proceedings. In these situations, we may only process your personal data whilst its processing is restricted if we have your consent or are legally permitted to do so, for example, for storage purposes, to protect the rights of another individual or company or in connection with legal proceedings.

13 How to Exercise Your Rights

13.1 You can request to exercise the rights above by contacting Datamars using the details below. Your rights will in each case be subject to the restrictions set out in applicable data protection laws and regulations. Further information on these rights, and the circumstances in which they may arise in connection with Datamars' processing of your Personal Data, can be obtained by contacting Datamars at privacy@datamars.com.

13.2 If you have any grievance or issue in respect of our handling or processing of your Personal Data, you have the right to lodge a complaint with your local data protection supervisory authority.

14 Changes to This Platform Privacy Notice

14.1 We may review this Policy from time to time and any changes will be posted on the page.

If we make any changes that materially affect our practices with regard to the Personal Data we have previously collected from you, we will endeavour to provide you with notice in advance of such change by highlighting the change on our website or, where appropriate, notifying you by email. Where it is required by applicable data protection laws, we will obtain your consent to the changes.