Privacy Policy

NeoSpot Sàrl

Mobile Application

1. Impressum

 

Registered office: Allée Pic-Pic 12, c/o Kaufer de la Parra Seiman Becdaxis services, 1203 Geneva, Switzerland.

Legal form: Sàrl

IDE: CHE-410.658.479

Extract from the Commercial Register (see statutes for complete purpose): The company NeoSpot Sàrl aims at the referencing of nightlife establishments via a platform, the dissemination and promotion of their events, visibility and communication as well as the connection of all actors in the events sector.

Commercial Register of the Canton of Geneva

Email Address: info@neospot.ch

Publication Managers: Charlotte Goffin & Denis Harambašić

Hosting: Infomaniak Network SA, Rue Eugène Marziano 25, 1227 – Les Acacias, Genève, Suisse

 

2. General Provisions

 

This Privacy Policy informs you about the nature of personal data collected by NeoSpot Sàrl (hereinafter referred to as “NeoSpot”, “we”, or “us”).

NeoSpot attaches paramount importance to the respect of your personal data and is committed to protecting your privacy, in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (nLPD) of September 1, 2023. Please read this Privacy Policy carefully to understand how your information is collected, processed, and protected by NeoSpot.

By using the NeoSpot mobile application (hereinafter referred to as the “Application”), you agree to the processing of your personal data, expressly consent to their collection and use in accordance with the provisions of this Privacy Policy, and agree to this Privacy Policy.

This Privacy Policy is additional to your rights under the General Terms of Use of the Application. For any inquiries regarding this Privacy Policy, please contact us at info@neospot.ch. NeoSpot ensures compliance with your rights concerning personal data (see Section 7) and endeavors to respond to your questions promptly.

 

3. Personal Data

 

3.1. Definition of Personal Data

 

By the term “personal data”, we mean all data about you that allow us to identify you, including but not limited to, your name and surname, your email address, and other similar information. Information that cannot be associated with your person or identity is not considered personal data.

NeoSpot attaches primordial importance to the security of its Users’ personal data. We process your personal data only upon your registration as a User on our mobile application (you enter into a contract with NeoSpot). When you register as a User on the NeoSpot mobile application, you consent to this processing and guarantee the accuracy of all information you provide to NeoSpot.

The information that NeoSpot processes about you is exclusively the result of your input on the Application. The nature of this information is as follows: personal data of Individuals and establishment managers during registration with NeoSpot, practical information regarding the Establishment, and information concerning events and promotional offers created by Establishments on the Application. In other words, NeoSpot does not collect any information or personal data other than those explicitly originated by you and of which you are aware.

Personal data is collected only for specific purposes (see Section 3.8), all of which have the common objective of allowing you to use NeoSpot’s Services in an optimized and confident manner.

 

3.2. Personal Data of Individuals and establishment managers

 

The only personal data we process regarding Individuals is related to their registration on the NeoSpot Application and includes the following: username, first name and last name; email address; country and region; mood preferences to select from a predefined list; password to define.

Similarly to the personal data of Individuals registered on the NeoSpot Application, information regarding the establishment manager is personal data that NeoSpot takes very seriously. The establishment manager’s contact details requested by NeoSpot during the Application registration process are as follows: first name and last name; email address; country and region; password to define.

All of this personal data is treated with the highest confidentiality and is hosted on Swiss servers by Infomaniak, in accordance with the detailed security process outlined in Section 3.4.

 

3.3. Practical information of Establishments and information regarding their Events and Promotional Offers

 

The goal of NeoSpot is to reference nightlife establishments (by providing various practical information* about them, provided by the establishment manager during the Application registration), promote their events (by adding the event name, mood, type of reservation, date, description, and flyer), as well as make their personalized promotional offers visible (name, date, offer type and description).

*Establishment name; Textual description; Postal address; Type (to be selected from a predefined list); Website URL; Profile name/ID on Instagram, Facebook, and Twitter social networks; Corresponding establishment criteria (to be ticked from a predefined list); Opening hours (to be defined for each day); Logo; Photos (up to 10 images); Drink menu or beverage list (up to 10 images); Specialties (up to 10 images); New items (up to 10 images).

The practical information of the establishment and the information regarding events and promotional offers created by the establishment are explicitly provided on the Application by the Establishment (through various fields to fill in) and are intended to be visible to all Application Users. This is the very concept of NeoSpot as a digital directory.

These pieces of information may also be subject to third-party communication (outside the Application), such as being included in emails sent by NeoSpot or shared via NeoSpot’s social networks, for advertising purposes, in the interest of the establishment, and only in a factual manner (for example, by sharing an establishment’s event flyer on NeoSpot’s Instagram page). We emphasize that this does not involve personal data in any way, but only promotional elements of establishments and their events. The purpose of processing this information is promotional and inherently linked to the concept of NeoSpot. For more information, please refer to the General Terms of Use of the Application.

 

3.4. Confidentiality & Security of Personal Data

 

All personal data of Application Users is stored in a database hosted on Swiss servers by Infomaniak.

Infomaniak is an independent Swiss hosting service specialized in data storage. Infomaniak designs its own data centers, tailored to Switzerland’s most stringent security standards. In addition to their robust security, these data centers are eco-friendly and sustainable.

In addition to the numerous certifications recognizing the quality of Infomaniak’s services (Swiss Made Software Label, Swiss Hosting Label, Swiss Made Label, Renewable Energy Certificate), Infomaniak’s CO2 emissions are offset by 200% with Myclimate.org. Infomaniak is also committed to eco21, the energy-saving program of the Geneva Industrial Services (SIG), with the goal of continuously improving its energy performance.

Infomaniak is an accredited Swiss registrar by ICANN, the Internet regulatory authority ensuring strict compliance with international standards related to Internet security, stability, and interoperability.

By signing the MyData.org declaration, Infomaniak contributes to an Internet that respects privacy and data protection, supporting and defending the principle of individuals’ right to self-determination regarding their personal data.

Finally, Infomaniak meets several ISO (International Organization for Standardization) standards by being ISO 27001, ISO 9001, ISO 14001, ISO 50001 certified and has received several awards (Canton of Geneva Sustainable Development Award 2023, Swiss Ethics Award, Négawatt Ambition Trophy, Energy Transition Trophy, Cantonal Sustainable Development Award for the most ecological data center in Switzerland).

The choice of this hosting service ensures that the personal data collected by NeoSpot is managed securely, in accordance with the strictest privacy and security standards.

More information on Infomaniak can be found at: https://www.infomaniak.com/en/hosting/cloud-server-manage

The NeoSpot Application uses the following third-party services:

    • Expo Notifications for notifications;
    • Firebase Cloud Messaging Platform for notifications distribution;
    • GitHub for code storage;
    • Testflight for test distribution;
    • Expo for managing mobile app distribution;
    • Connection via Apple and Google for enhanced privacy, facilitating Users registration.

NeoSpot continues to evaluate and adapt its technological choices to best meet the needs of its Users and the requirements of security and performance.

 

    3.5. Notifications & Geolocation

     

    The Application may offer you push notifications related to NeoSpot’s activity, provided that you have expressly enabled them in the Application settings (under the My Account tab). These push notifications are therefore addressed to you based on the legal basis of your consent.

    Here is the list of different notifications offered by the NeoSpot application:

      • Event Reminders: Receive notifications so you don’t miss your favorite events;
      • Event Suggestions: Receive notifications for events that match your preferences; 
      • News: Receive notifications for favorite spots news.

    While disabling the sending of notifications does not affect your use of the Services in the Application, your experience with NeoSpot will be reduced and less personalized, especially if you do not receive notifications of recommended events.

    The User’s geolocation is sent to the server, allowing it to calculate the distance between the User and the desired Establishment (latitude and longitude of the address). Geolocation data is only used for the duration necessary for the server to process the request and is not stored in any way. Thus, geolocation is only used when the Application is active.

    To disable geolocation on iOS, Users must open their iPhone settings, search for the “NeoSpot” application, go to “Location”, and then choose “Never” in the location access permission. On Android, the procedure is similar, subject to some variations depending on the User’s Android version.

     

    3.6. Sharing of your Personal Data

     

    No personal data is commercialized or sold to third parties. We may transfer personal data to our contractual service providers. Before doing so, we take measures to ensure that your personal data is processed with adequate protection as required by specific data protection laws.

     

    3.7. Personal Data retention period

     

    Personal data collected on the NeoSpot mobile application is retained for the duration of a User’s registration. If you no longer wish for us to retain and process them (see Section 7), we will cease our processing activities.

     

    3.8. Purpose of processing your Personal Data

     

    Your data may be used for the following reasons:

      1. If you are an Individual, to access your personal space on the Application;
      2. If you are an Establishment, to access your personal space on the Application, modify your profile page, and benefit from NeoSpot’s features, such as creating events or adding promotional offers;
      3. For Individuals and Establishments, the ability to log out and delete your account;
      4. For administrative purposes: NeoSpot uses your data for statistical and commercial analysis, User surveys, maintenance and development activities, or to settle a dispute;
      5. Security, health, administration, crime prevention/detection: we may disclose your information to government authorities or regulatory bodies;
      6. Communications as a User: we use your data to manage our relationship with you as a User of the mobile application, to improve our Services, and to enhance your experience with NeoSpot;
      7. Newsletter: we will contact you to offer you the opportunity to sign up for our newsletter for free. If you do not wish to subscribe, please simply ignore this message. In case you no longer wish to receive NeoSpot’s newsletter and unsubscribe, you can click on the “Unsubscribe” button, available at the end of the email.

     

    4. Disclaimer

     

    In reference to the General Terms of Use of the Application, the login credentials of Users (email address and password) are personal and strictly confidential, and therefore should not be disclosed to third parties. Access to your personal space on the NeoSpot Application is only possible after entering your personal password. NeoSpot disclaims any responsibility arising from the disclosure of these data to third parties.

     

    5. Links to third-party websites

     

    The Application contains references and links to other websites (including but not limited to social media pages and third-party websites). You acknowledge and agree that NeoSpot shall not be responsible for the availability of these websites or resources, shall not endorse, and shall not be responsible for any content, advertising, products, services, or other materials on or available from these websites or resources, or any damage or loss related to them, even if these websites or resources are linked to NeoSpot partners or third-party service providers.

    Access to and use of these websites are at the Users’ own risk. NeoSpot expressly states that it has no influence over the form, content, and offerings of the websites to which it refers. All personal data processed by these third-party websites is subject to their own privacy policies, which you should carefully read and accept, if applicable. The information and services offered by these websites are entirely the responsibility of their authors and/or owners. NeoSpot disclaims any liability for such websites.

     

    6. Cookies, SDK and automatically collected Data

     

    6.1. Cookies

     

    Cookies are text files that may be stored in a dedicated area of your device (computer, tablet, smartphone, etc.) for the purpose of storing and retaining information related to your behavior and navigation on an application or website. A cookie allows its issuer to identify the terminal in which it is stored, during the validity period or registration of said cookie. The use of cookies is now common for most websites.

    Regarding NeoSpot, User sessions are stored on their device, inside the encrypted storage of the Application. Session tokens are generated by the server when the User logs into the Application to verify its identity. For greater safety, these session tokens are renewed every hour.

     

    6.2. SDK

     

    SDKs (Software Development Kits) are tracking software programs that collect information about users of a mobile application in order to personalize the content offered and/or deliver targeted advertising.

    For the time being, NeoSpot has decided not to distribute targeted advertising via its Application. Should the situation change, the present Privacy Policy will be modified and your consent to the use of such cookies will have to be explicitly obtained by NeoSpot.

     

    6.3. Data collected automatically when using the Application

     

    When you use the Application, your device automatically transfers various technical information to our server, without any action on your part. This information is necessary for the correct operation of the Application and to enable you to access the Services offered. More specifically, the information concerns the following data:

    • Error and Exception Data:

    – Error Messages and Stack Traces (detailed information about errors, including the message, stack trace and the code line where the error occurred);
    – Error Type (e.g., TypeError, ReferenceError);
    – Breadcrumbs (events leading up to the error, such as user actions, network requests and lifecycle events).

    • Contextual Data:

    – Device Information (device model, OS version, free memory);
    – App Information (version of the app, build number, environment);
    – User Information (if provided, optional data about the user such as user ID, username or email).

    • Network Data:

    – HTTP Requests and Responses (URLs, request methods, status codes, response times);
    – Performance Data (app start time, frame rates, transaction traces);
    – IP addresses, IMEI connection type.

    • Usage Data:

    – Application activity (features used, frequency of use,…);
    – Session durations and timestamps of application usage.

    • Network information:

    – IP addresses;
    – Network status (Wi-Fi, 4G,…);
    – General location data derived from IP addresses;
    – Location data (if explicitly authorized by the User).

    • Precise geographic location data from GPS (only if the user is loged in and enabled geolocation):

    – Location data derived from network sources such as Wi-Fi or cell-towers

    • Performance data:

    – Application performance metrics (loading times, errors, crashes,…);
    – System performance information (memory usage, CPU load,…).

    Unless the User is logged into the NeoSpot application, this information does not allow us to make a direct link with a specific User. Its purpose is to ensure the quality of the Application’s services.

    Following installation of the Application, the User may approve the authorization of the following elements:

      • Notifications (to receive them);
      • Geolocation (e.g., to search for establishments near your position);
      • Calendar (to add an event to your calendar);
      • Access to photo library (e.g., for an establishment uploading its logo).

     

    7. Rights of the person whose personal data is processed

     

    In accordance with the law, the following rights are attached to your personal data:

      • Right of access;
      • Right of rectification;
      • Right to erasure (right to be forgotten);
      • Right to restrict processing;
      • Right to object;
      • Right to data portability.

    To exercise any of these rights, please write to info@neospot.ch. We will reply as soon as possible. We may ask you for specific information to help us confirm your identity and ensure that your rights are respected. This is a security measure designed to ensure that your personal information is not disclosed to anyone who is not authorized to access it.

    You may disconnect from the NeoSpot Application at any time (“Log Out” button). You may delete your User account at any time from the Application (“Delete Account” button), thereby permanently deleting all your personal data.

    All the personal data we process is available and can be modified via your personal User space on the NeoSpot Application, with the exception of e-mail addresses and usernames (Users).

    You also have the option to lodge a complaint with the CNIL.

     

    8. Changes to the Privacy Policy

     

    NeoSpot’s Privacy Policy may evolve and be updated over time in order to take into account the evolution of our Services and the requirements of applicable regulations regarding the protection of personal data.

    These changes will come into effect as of the publication of the new Privacy Policy and each update of this document will require a new consent from you.

     

    9. Applicable Law

     

    This Privacy Policy is governed by Swiss law. The place of jurisdiction and registered office of the company is Geneva. Therefore, for any dispute, only the courts of Geneva shall have jurisdiction.

     

    10. Contact us

     

    If you have any questions about personal data, please contact us at the following e-mail address: info@neospot.ch.

     

    All rights reserved – April 1, 2024