Privacy Policy

1. Definitions

1.1 Whenever used in this Privacy Policy with an initial capital letter, the terms quoted and defined in this section 1.1, whether used in singular or plural, shall have the meanings as specified below. Any capitalised terms used but not defined herein have the same definition and meaning as in the Terms of Use of wy.by accessible here: wy.by Terms of Use.

“Guest” means a Visitor who leases products and services on the Platform without being a Subscriber.

“Personal Data” means all information relating to an identified or identifiable private person or legal entity.

Subscriber” means a Visitor who has a subscription account with wy.by.

User” means Visitor, Guest and Subscriber.

Visitor” means any private person or legal entity Accessing the Platform.

2. Introduction and Agreement of this Privacy Policy

2.1 wy.by provides an online portal for the leasing of products and services by and between Subscribers

2.2 The scope of this Privacy Policy is to agree how wy.by may use the Personal Data obtained from User when User Accesses the Platform. This Privacy Policy is incorporated by reference into the Terms of Use.

2.3 User shall read this Privacy Policy carefully. By Accessing the Platform User agrees to this Privacy Policy. If User disagrees complying with the terms of wy.by, User shall not be granted the right to Access the Platform.

2.4 This Privacy Policy may be changed or updated from time to time by wy.by. wy.by will inform User via his/her contact information and/or via the Platform about any changes to these terms. If Visitor disagrees with the updated Privacy Policy, he/she must cease Accessing the Platform immediately. If Subscriber disagrees with the updated Privacy Policy, he/she must cease Accessing the Platform within fourteen (14) days.

2.5 Activities beyond the Platform, e.g. the contractual relationship between Lessor and Lessee, or between the Users and their network operators, are governed by the terms and/or privacy policy of such third parties. wy.by cannot influence the way Personal Data is transmitted by and between Users, Subscribers and/or third parties. User shall refer to the contractual data protection clauses of his/her Lessor and/or network operator to find out more about the purpose and scope of the data collection and the further distribution and use of User’s Personal Data by his/her Lessor and/or operator, as well as about the possibilities the Lessor and/or operator grants User to protect User’s privacy.

3. Personal Data

3.1 When User Accesses the Platform or Subscriber signs up for an account or uploads Content to the Platform, he/she voluntarily provides certain Personal Data to wy.by. Such Personal Data can include Visitor’s IP address and/or Subscriber’s name, gender, birth date, postal address, email address, telephone number and billing information Subscriber used to sign up and any other information User may provide to wy.by.

3.2 wy.by may receive certain Personal Data about User, being from social media networks or otherwise. wy.by may also collect Personal Data which User actively provides, such as, for instance Personal Data that User writes on wy.by's social media pages (or Personal Data User exposes by 'liking' or 'following' wy.by’s pages or channels), and/or provides on other services. Such Personal Data is considered public, and may be collected by third parties beyond wy.by's control. Any Personal Data User exposes when contacting wy.by, via email or otherwise, may also be collected.

3.3 wy.by may collect User’s IP address and other Personal Data about User’s activities on the Platform. For example, wy.by may record how many times User Accesses the Platform or what Content User Accesses, and/or what device User uses. wy.by may place cookies on User’s device for identification purposes and to increase usability and user experience. User may opt not to have cookies installed on his/her device, in which case User’s usability and user experience of the Platform may be limited.

3.4 At some point, User may decide to refer the Platform to others. Should this be done through the Platform or any other system of wy.by the Personal Data may be collected from such activity.

3.5 The Platform may integrate functions (so called plugins) of various third party operators of social media platforms (e.g., Facebook, Twitter, Google+). Those plugins allow visitors to share content in social networks. If a plugin appears while Accessing the Platform (e.g., the Facebook “like” button), a connection to the servers of the corresponding operator is automatically established. In such case Personal Data about the Access to the Platform may be transferred to such third party operator. If User is logged into the network of the third party operator while at the same time Accessing the Platform, Personal Data can be assigned to User’s social network account (e.g. User’s Facebook, Twitter or Google+ account).

3.6 wy.by uses third party services to analyse surfing behaviour of its users (e.g. Google Analytics). Those third parties may process the surfing data visitors create on the Platform. Data collected this way is being transferred anonymously to servers of those third parties, also outside Switzerland, in particular to the U.S.A.

4. Use of Personal Data

4.1 wy.by intends to use the Personal Data it collects about User to provide to User, and to grant him/her Access to, the Platform, and to support Subscriber and Guest in any lease of products and services. In addition, wy.by may use User’s Personal Data for the following purposes:

  • Market analysis and improvement of the Platform: For example, if wy.by sees that it has many Visitors or Subscribers from a certain region, wy.by may choose to improve those Visitors’ and Subscribers’ experience by using the Personal Data.
  • Communications: wy.by may use the Personal Data it collects to contact User. For example, this may be for Platform promotional offers or Platform related news. wy.by will use commercially reasonable efforts to keep these communications simple, clear, and at an appropriate rate, as deemed reasonable by wy.by. User may opt out from wy.by’s communications by sending an e-mail to admin@wy.by or by using the newsletter opt-out button.
  • Law: If, by law, wy.by is required to disclose Personal Data, wy.by will do so. Such disclosure may be to law enforcement, lawyers, courts, judges, or other parties. wy.by may also transfer Personal Data in case wy.by has decided to engage in a legal proceeding against User. This may happen, for example, if User has violated the Terms of Use or engages in activity contrary to the interests of wy.by. wy.by may also share or transfer Personal Data in case wy.by has reason to believe that by doing so illegal or harmful or malicious activity may be prevented.

4.2 User agrees that (i) User’s Personal Data may be accessed in, transferred to, and used in countries with laws that may not guarantee the same level of data protection as in Switzerland; and (ii) that wy.by may also engage third parties to manage or maintain User’s Personal Data.

5. General Provisions

5.1 If any provision of this Privacy Policy is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Privacy Policy will remain in force.

5.2 To the extent permitted by applicable law, User may not bring an action arising out of this Privacy Policy, regardless of form, more than one (1) year after the cause of action has accrued.

5.3 This Privacy Policy is governed by Swiss law, without regard to the conflict of laws provisions.

5.4 Disputes arising under, or in connection with, these Terms shall be exclusively subject to the competent court at the registered seat of wy.by ltd.

6. Contact

6.1 Questions about this Privacy Policy or User’s Personal Data may be addressed to wy.by at admin@wy.by.

wy.by ltd, Version 1, 1 April 2015

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