Privacy Policy – wisperapp.com

I.    Scope of this Privacy Policy

This Privacy Policy applies to the website “wisperapp.com”. This privacy policy (data protection policy) only applies to this particular website. It does not apply for other websites which are merely referenced via hyperlink. We cannot assume responsibility for the confidential handling of your personal data on these third-party websites, since we do not have any influence in the data protection compliance by these companies. Please inform yourself on the handling of personal data by these companies directly on their websites. 

With regard to the general data processing on the application “Wisper” regarding Swiss Federal Act on Data Protection (FADP), General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA), we refer you to the “Wisper Privacy Policy”, available at https://wisperapp.com/terms.

This privacy policy does not apply to personal data we process as a processor on behalf of third parties. This is especially the case with hosting personal data for third parties who run an organization on Wisper and their invitations to end users to join that organization. If you are an end user of one of those organizations, such as an employee or student, you should read that organization’s privacy policy and direct any privacy inquiries to the third party who runs that organization on Wisper.

II. Our privacy policy (data protection policy) under FADP and the GDPR

1.    General information and principles of data processing

2.    Controller

3.    Representative of Controller according to Article 27 GDPR

4.    Provision and use of the website / server log files

5.    Use of cookies

We use cookies. Cookies are small files that are placed on your computer and stored by your browser. Some functions of our website cannot be offered without the use of technically necessary cookies, whereas other cookies allow us to perform various analyses. For example, some cookies can recognize the browser you are using when returning to our website and transmit various information to us. We use cookies in order to facilitate and improve the use of our website. For instance, through cookies we can create a more user-friendly and effective web offer for you, for example by retracing your use of our website and determining your preferred settings (e.g. country and language settings). If third parties process information via cookies, this information will be directly collected via your browser. Cookies do not cause any damage to your terminal device. They can neither run programs nor contain viruses. Various types of cookies are used on our website, their type and function are explained in the following.

If German law applies and cookies or cookie-like technologies are used in the context of data processing on this website, the use of electronic communications networks to store information or to gain access to information stored in the terminal equipment of user is based on your consent pursuant to Section 25 (1) of the German Telecommunications Digital Services Data Protection Act (“TDDDG”) in conjunction with the requirements of consent under data protection law pursuant to Art. 4 (11), 7 GDPR.

a)    Temporary cookies/ session cookies

Our website uses so-called temporary cookies or session cookies, which are automatically deleted when you close your browser. Through this type of cookies, it is possible to record your session ID. This allows various requests from your browser to be assigned to a common session and makes it possible to recognize your terminal device during subsequent visits to the website. These session cookies expire at the end of the session.

b)    Persistent cookies

Our website uses so-called persistent cookies. Persistent cookies are cookies that are stored in your browser over a longer period of time and can transmit information. The respective storage period varies depending on the cookie. Permanent cookies may be deleted independently via your browser settings.

c)     Cookie Consent with the consent management platform cookiebot by Usercentrics

Our website uses consent management platform cookiebot by Usercentrics to obtain your consent in the storage of cookies in your browser and document these in compliance with data protection. Provider of cookiebot by Usercentrics is Usercentrics GmbH, Sendlingerstraße 7, 80331 Munich, Germany.
Upon entering the website, cookiebot by Usercentrics stores a cookie in your browser, in which your obtained consent or the revocation of consent are documented. However, this data will not be transmitted to the provider cookiebot by Usercentrics. This is a required cookie, which does not need a consent. Under the GDPR, the legal basis for the data processing is Article 6(1)(a) GDPR. We use cookiebot by Usercentrics to ensure compliance with our legal obligations.     

The cookies are stored until you ask us to delete this data, you delete the cookie yourself or the storage is no longer necessary for the purpose of data processing. You can change your cookie settings at any time using the button to the lower left.     

d)    Categories of cookies

We use the following categories of cookies:

Necessary cookies:

Necessary cookies ensure functions that are essential to use our website as intended. These absolutely necessary cookies are used, for example, to ensure that registered users remain logged in when accessing various subpages. These are so-called first party cookies are only used by us. 
Under the GDPR, the legal basis for the data processing is Article 6(1)(f) GDPR – and if German law applies Section 25(2) TDDDG, as we have a legitimate interest in maintaining the functionality of our website. You have a right of objection pursuant to Article 21 GDPR. In the case of technically necessary cookies, however, we have compelling reasons worthy of protection for processing the data, because without processing this data we cannot properly provide our website or the respective functionality of the website.
As soon as the cookies are no longer required for the purposes described, they are deleted.

Preference cookies:

Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

Under the GDPR, the legal basis for the processing of this personal data are our legitimate interests in accordance with Article 6(1)(f) GDPR and – if necessary – your consent in accordance with Article 6(1)(a) GDPR. As soon as the cookies are no longer required for the purposes described, the storage period ends or you withdraw your consent, these cookies are deleted.

Statistics cookies:

Statistics Cookies collect information about how a website is used in order to improve its attractiveness, content and functionality. For example, the following data is collected:

·    number of visits to a website or sub-pages
·    time spent on the website
·    sequence of visited pages
·    search terms 
·    country, region, city from which access is made
·    analysis which areas of our website are of particular interest to you

An overview of the cookies used can be found at the button to the lower left.

Under the GDPR, the legal basis for the processing of this personal data is your consent pursuant to Article 6(1)(a) GDPR – if German law applies in conjunction with Section 25(1) TDDDG. As soon as the cookies are no longer required for the purposes described, the storage period ends or you withdraw your consent, these cookies are deleted.

Marketing cookies: 

Marketing cookies are used to display interest-based advertisements to website visitors. Besides they are also used to limit the frequency of display and measure the effectiveness of advertisement campaigns. The information obtained with third parties such as advertisers. Cookies to improve targeting and advertising are often linked to third party site functionalities. 

Under the GDRP, the legal basis for the processing of this personal data is your consent pursuant to Article 6(1)(a) GDPR – if German law applies in conjunction with Section 25(1) TDDDG and Article 4(11), 7 GDPR for the following processing of personal data. As soon as the cookies are no longer required for the purposes described, the storage period ends or you withdraw your consent, these cookies are deleted.

6.    Services with statistics cookies (Statistics)

7.    Services with marketing cookies

8.    Contact options by e-mail     

9.    Register your Interest

10.    Newsletter 

11.    Categories of recipients of the personal data

12.    Data security and security measures

13.    Your rights (as a data subject)

14.    Changes to this privacy policy

Our privacy policy serves the fulfilment of legal information duties. We update our data protection declaration as far as this becomes necessary.

III. Our privacy policy (data protection policy) under the CCPA

Pursuant to California law, we are providing additional information to California residents. Please read this information together with our Privacy Policy under Section II.

Under California law, certain organizations need to disclose whether the following categories of “personal information” are collected or disclosed for an organization’s “business purpose” as those terms are defined under California law. 

Below please find the categories of personal information about California residents that we collect or disclose to third parties or service providers. 

Note that while a category may be included below that does not necessarily mean that we have or collect information in that category about you. The personal information we collect depends on the nature of our interaction with you and the Services you may use. 

We do not sell personal information. 

We and our third-party service providers collect personal information from the following sources: 

•    Direct interactions, such as, when you register for our Services or make a purchase
•    Data from third parties, such as, information on third-party websites or other information you may have made publicly available or information provided by third party sources, including but not limited to government entities and data resellers
•    Automated tracking technologies, such as, information automatically collected about your interaction with our Services and websites using various technologies such as cookies, web logs and beacons and internet tags
•    Depending on how you interact with us and our Services, we may use and disclose personal information for the following business purposes:
•    Auditing
•    Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity,
•    Detecting and repairing errors,
•    Performing services on behalf of other businesses,
•    Processing or fulfilling orders and transactions,
•    Providing advertising or marketing,
•    Conducting internal research for product and service development, and
•    Improving, upgrading, and enhancing our services.
•    In addition to sharing personal information for the business purposes identified within the California Consumer Privacy Act, we also share personal information as needed, or required, with the following additional third parties:
•    organizations involved in business transfers, e.g. to a purchaser or successor entity in the event of a sale or any other corporate transaction involving some or all of our business;
•    other parties, e.g. as needed for external audit, compliance, risk management, corporate development and/or corporate governance related matters,
•    business partners as directed by an individual, or as needed to process an individual’s request; and
•    governmental authorities and regulators, as required under applicable law.

Exercising Rights to Request Access and Request Deletion 

Subject to certain exceptions, California residents have the right to request access, deletion and portability of their personal information. This includes 

•    the right to know about the personal information a business collects about them and how it is used and shared;
•    the right to delete personal information collected from them;
•    the right to opt-out of the sale of their personal information; and
•    the right to non-discrimination for exercising their CCPA rights.

For further rights, we refer to our privacy policy under Section II.

If you would like to submit a request or have additional questions about the personal information that we have about you, please contact us at privacy@wisperapp.com. 

When you submit your request, we will take steps to attempt to verify your identity. We will seek to match the information in your request to the personal information we maintain about you. As part of our verification process, we may ask you to submit additional information, use identity verification services to assist us, or if you have set up an account on our website, we may ask you to sign in to your account as part of our identity verification process. Please understand that, depending on the type of request you submit, to protect the privacy and security of your personal information, we will only complete your request when we are satisfied that we have verified your identity to a reasonable degree of certainty. 

We do not discriminate against individuals who exercise their rights under applicable law. 

If we receive a request from an authorized agent, we have the right to verify with the data subject that the data subject indeed wants to take the action requested by the agent and will do so by contacting the data subject directly.