If you are viewing this page, you may have been using one of our Services, and you may want to find out more about the Data processing carried out during the use of our Services. SpotMe takes care of protecting the confidentiality of the information you share, and commits itself to the strictest compliance with the data protection law that applies.
This document is aimed at providing all users with an outline of what the Services provided by SpotMe consists of, what Personal Data are collected via the Services and how such Data are processed.
The contractual relationship between SpotMe and the Client is specifically addressed in the related paragraphs of the present document.
SpotMe is a company specialized in providing mobile event and engagement application solutions that may either be built autonomously by Clients or with the assistance of a SpotMe trained team of specialists. Each of these applications provide End-Users with a mobile and digital solution to interact and communicate during events, meetings or community engagements. Such communication is carried out in a paperless environment through the functionalities available in the application. Once the End-User has joined the event environment, they can start using the engagement features of the SpotMe app, including but not limited to, posting questions, receiving learning or training material, communicating in real time with other End-Users, taking notes, casting votes etc., the exact functionalities depending on the feature set made available on that application and on the setting thereof, as established by the Client.
The use of and navigation through the Services (as well as the use of any third party’s application embedded and/or available therein), implies the communication of Usage Data, which is implicitly acquired during the navigation of the End-User or Administrative User through the internet communications protocol.
Usage Data includes but is not limited to, the IP addresses or domain names of the devices utilized by the End-Users or Administrative Users, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the End-User or Administrative User, the various time details per visit (e.g., the time spent on each page within the SpotMe Solution) and the details about the path followed within the SpotMe Solution with special reference to the sequence of pages visited, and other parameters about the device’s operating system and/or the End-User's or Administrative User’s IT environment.
Usage Data is not collected for the purpose of identifying the End-User or Administrative User. However, all users must be aware that the identification may be possible through further elaborations and associations, as well as with information held by third parties.
Should any willful act of misconduct, fraud or criminal offence be perpetrated, Usage Data could potentially be used for ascertaining individual responsibilities.
The Data of End-Users and Administrative Users is processed in an appropriate manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated.
The Data is processed at the Client's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact SpotMe firstname.lastname@example.org.
The Data is kept for the time necessary to provide the Services requested by the End-User or Administrative User, or stated by the purposes outlined in this document, and the End-User or Administrative User can always request that the Client suspend or remove the Data. For further information, please contact SpotMe at email@example.com.
The Data concerning the End-User and Administrative Users is collected for the purposes described below.
In particular, Usage Data is solely processed to:
As for the Data communicated by End-User or Administrative User on a voluntary basis, it is processed for the following purposes:
Further details about the processing of Personal Data carried out when using the Services can be found in the section below.
End-Users must be aware that other users of the SpotMe App might have access to, or re-post, or otherwise share what they have published, which could also include Personal Data such as name, nickname/screen name, location and other information about the End-User, as well as information about the event they are participating to. These other users might make such information publicly available. Also, End-Users must be aware that the SpotMe App allows interactions among mobile devices running the SpotMe App or between mobile devices running the SpotMe App and other components of the SpotMe App. In particular, at each event at which the SpotMe App is employed, the Event Organizer determines the rules as to how individually-identifiable information in the SpotMe App will be made accessible to other End-Users. Where applicable and once these rules have been determined, SpotMe enforces them, including by withholding Data from the Event Organizer where that Data was gathered under a commitment of anonymity.
Some of the ways in which individually-identifiable information about a participant are made available to others vary from event to event including, but not limited to the following:
End-Users who are not comfortable with the functioning of the SpotMe App may return their SpotMe device at any time (if they have been provided with such a device), may delete the SpotMe App from their personal mobile device or may request the deletion of their Personal Data to the Event Organizer.
Administrative Users must be aware that their data will not be shared with others, unless they are also listed as Administrative Users by the Client under the same organization in Backstage. In this case, the data that will be visible for all Administrative Users under one organization are their names.
The SpotMe Solution usually provides for a closed environment, meaning that the End-User must be authenticated with an email link or a similar authentication scheme before joining the SpotMe App, and the Administrative User by authenticating with email and password before joining Backstage. If no authentication scheme is available, End-Users can access the SpotMe App by providing the following Data: email address, first name and last name. SpotMe does not automatically collect, via the service, any personal identifiable information from the End-Users. Nonetheless, the use of the Services may imply the automatic collection of some End-User's information and other Usage Data, including but not limited to, IP address, operating system and type of browser used by End-User's mobile device.
Notwithstanding the above, under specific circumstances and, namely, as part of the functioning of the SpotMe Solution related to a meeting or event at which the SpotMe App is employed, SpotMe may receive some personal identifiable information about the End-Users and Administrative Users, including but not limited to, their name, surname and email address, in order to enable the particular features of the SpotMe Solution.
SpotMe does not own any such Data and shall process them, as Data Processor, according to the instructions and the terms and conditions set forth in the agreement entered into with the Client who remains the sole Data Controller.
Clients are solely liable for the lawful transmission of Personal Data referring to End-Users and Administrative Users to SpotMe. Clients shall inform such Data Subjects accurately about the intended data transfer and collect their prior explicit consent, if needed. In particular, Clients shall inform their users about profiling activities possibly performed through recourse to services provided by SpotMe. In case such profiling activities take place, Clients are solely liable for the fulfilment of the notification, if required, to the competent Data Protection Authority, as well as to comply with any requirements prescribed by the applicable privacy laws which are relevant to the aforesaid data processing activities.
To the same extent, Clients are solely liable for the enforcement of consent revocations or other requests received by Data Subjects. Clients shall inform SpotMe accurately and without undue delay about the revocation of consent or the request and about the Data to be deleted, amended, rectified etc. Clients are solely liable for any damage possibly arising to third parties (e.g. their users or other Users) due to an unlawful processing of Personal Data transferred to SpotMe.
SpotMe operates through a network of subsidiaries.
As for the transfer of Personal Data to countries outside of the European Union, European Users must be aware of the following:
European Users must be aware that such transfer is lawfully carried out pursuant to the European Commission’s decision 2000/518/EC of 26 July 2000 on the adequate protection of Personal Data provided in Switzerland.
SpotMe, Inc. participates in and complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union to the United States. SpotMe Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.
If there is any conflict between the terms in this document and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view SpotMe Inc.’s certification, please visit https://www.privacyshield.gov/ (or find the direct link to the certification list of Privacy Shield participants maintained by the Department of Commerce here https://www.privacyshield.gov/list).
Following the decision of the Court of Justice of the EU on Case C-311/18 adopted on July 16, 2020 pursuant to which Commission Implementing Decision (EU) 2016/1250 on the adequacy of the protection provided by the EU-U.S. Privacy Shield is declared invalid, transfers of Personal Data to the US, including but not limited to SpotMe intra-group transfers, are subject to Standard Contractual Clauses (SCCs) for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection. European Users must be aware that such transfer is lawfully carried out pursuant to Commission Decision 2010/87/EU on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council.
SpotMe Inc. is responsible for all processing of Personal Data it receives under the Privacy Shield Framework from Swiss individuals and commits to subject the processed Personal Data to the Privacy Shield Principles. This, most importantly, includes the right of individuals to access their personal data processed by SpotMe Inc. SpotMe Inc. also complies with the Privacy Shield Principles for all onward transfers of Personal Data from Switzerland, which means that it remains liable in cases of onward transfers to third parties. With respect to Personal Data received or transferred pursuant to the Privacy Shield Framework, SpotMe Inc. is subject to the investigatory and regulatory enforcement powers of the FTC, if not stated otherwise in this document. SpotMe Inc. is further required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the Privacy Shield Principles, SpotMe Inc. commits to resolve complaints about its collection or use of the User’s Personal Data. European Union individuals with inquiries or complaints regarding this Privacy Shield policy should first contact SpotMe Inc. at firstname.lastname@example.org, referring to ”Privacy Shield” and expect the complaint to be dealt with within 45 days. In case of failure by SpotMe Inc. to provide a satisfactory or timely response, the User has the option of involving an independent dispute resolution body, free of charge.
In this regard, SpotMe Inc. has agreed to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel with regard to data transferred from the EU. The User may therefore contact SpotMe Inc. at email@example.com, in order to be directed to the relevant DPA contacts. Under certain conditions - available for the User in full on the Privacy Shield website (https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint) - the User may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Swiss Users must be aware of the fact that the Federal Data Protection and Information Commissioner (FDPIC) can act as a mediator in all disputes related to the Swiss Users' Data protection. Therefore, Swiss Users can submit any Data protection related dispute to the mediation of the FDPIC.
All Users have the right to choose (opt out) whether their personal data is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by them. If a User wishes to opt out, all they need to do is contact SpotMe at firstname.lastname@example.org. Applicable law allows certain exceptions to User’s ability to opt out, such as where it is party to a contract with SpotMe that is still being performed, where law requires SpotMe to maintain information for warranty claims, or otherwise. Where applicable law permits SpotMe to retain and continue to use such information, SpotMe will do so only to the extent permitted or required by law.
By derogation to the previous paragraph, it is not necessary to provide choice when disclosure is made to a third party that is acting as SpotMe’s agent (such as SpotMe’s service providers who perform services that help the company run its business). However, SpotMe shall always enter into a contract with the agent.
For sensitive information (i.e., personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual), SpotMe must and shall obtain affirmative express consent (opt in) from Users if such information is to be (i) disclosed to a third party or (ii) used for a purpose other than those for which it was originally collected or subsequently authorized by the Users through the exercise of opt-in choice. In addition, SpotMe should treat as sensitive any personal information received from a third party where the third party identifies and treats it as sensitive.
Given the information above, Personal Data can be collected by using some of the following services:
SpotMe may associate a randomly generated identification code to the User's device. Such codes shall be used exclusively for statistical purposes and any such statistics shall be carried out in aggregate and anonymous fashion. For further information, the User can contact the Owner at the contact details provided in the present document.
This type of service has the purpose of hosting data and files that enable the SpotMe App to be run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of SpotMe App. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.
SpotMe may send push notifications to the User.
The Data Subjects' Personal Data may be used for legal purposes by the Client, in Court or in the stages leading to possible legal action arising from improper use of the SpotMe Services. The Data Subject declares to be aware that the Client may be required to reveal Personal Data upon request of public authorities.
For operation and maintenance purposes, the SpotMe Solution, or where applicable, third party services may collect files that record interaction with the SpotMe App or Backstage (System logs) or use for this purpose other Personal Data (such as IP Address).
The Service is directed to the general public. Client and SpotMe do not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that children under the age of 13 are accessing the Service. If Client or SpotMe learn that they have inadvertently collected Personal Data from a child under age 13, that Data will be deleted as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at email@example.com.
More details concerning the collection or processing of Personal Data may be requested from SpotMe at any time at firstname.lastname@example.org.
In the case of a personal data breach of data where SpotMe is the data processor, but not data controller, SpotMe will notify the Data Controller without undue delay after becoming aware of a personal data breach. In the case of a personal data breach of data where SpotMe is the data controller, SpotMe will without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55 GDPR, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. If the notification to the supervisory authority is not made within 72 hours, it will be accompanied by reasons for the delay. In the data breach notification, SpotMe will describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned, and communicate the name and contact details of the data protection officer or other contact point where more information can be obtained and describe the likely consequences of the personal data breach; describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects. SpotMe will document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken.
You are always entitled to request information about any of your data that SpotMe has stored, as well as their origin and recipient and the purpose it was stored for. If you have any questions about data protection or if you wish to access, request data portability, correct, block or delete your profile or any of your personal data, or if you would like, at any time, to revoke a granted authorization regarding the use of your customer data or e-mail address, you can do so either directly via the SpotMe App, depending on the its version or contact the following: SpotMe Holding SA, Avenue du Théâtre 1, 4th floor, 1005 Lausanne, Switzerland or by email email@example.com. SpotMe external data protection officer is Dr. Christian Rauda (board-certified attorney for information technology law), GRAEF Rechtsanwälte, Hamburg, Germany. You can reach him via firstname.lastname@example.org.
For any further information about the Data processing by SpotMe as regards the provision of the Service, Users can write an email to the following address email@example.com.
“Administrative User” is an individual who is assigned and authorized by the Client to access and manage the functionalities of SpotMe Apps via Backstage.
“Backstage” is the web-based Content Management System service for the management of applications (apps) including their design and content.
“Client” means the natural or legal person who has purchased SpotMe services for its professional, commercial or entrepreneurial purposes and has thus access to the Service.
“Cookies” means a small piece of data stored in the User's device.
“Data Controller (or Owner)” means the natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of SpotMe App. The Data Controller of the SpotMe App, unless otherwise specified, is the Client.
“Data Subject” means the legal or natural person to whom the Personal Data refers. End-User (or User) means The individual using the SpotMe App, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.
“End-User” (also “Participant User”, or “User”, or “App User”) means the individual using the SpotMe App or any other of the SpotMe Services.
“Event Organizer” means any User who has been granted permission by the Client to define the functionalities and permissions of the SpotMe App during an event or a community engagement where the SpotMe App is used.
“Personal Data (or Data)” means any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
“Services” means the services, such as access to software, content, platform, infrastructure, and storage space, that are provided to Client and made available online by SpotMe, including associated SpotMe offline or mobile components and which may entail the processing of End-Users' Data. Using SpotMe Services means granting access and enabling use of the entire SpotMe solution, composed of Backstage, SpotMe app (application) and SpotMe Cloud.
“SpotMe App” means the hardware or software tool and/or platform based on the Service by which the Personal Data of the User is collected.
“SpotMe” means the company SpotMe Holding SA with registered office at Avenue du Théâtre 1, 4th floor, 1005 Lausanne, Switzerland and including its subsidiaries SpotMe SA, SpotMe Inc., and SpotMe Pte. Ltd.
“Usage Data” means information collected automatically from the SpotMe App or Backstage (or third party services employed in SpotMe), including but not limited to, the IP addresses or domain names of the computers utilized by the Users who use SpotMe, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, Art. 13 and Art. 14 of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.