Privacy Policy

1. Introduction

This Privacy Policy applies to this Website, as well as to the transactions of KUE Tokens organized on or in relation with the Kuende ecosystem.

2. Information we collect, use and store

We collect, use and store the following main categories of information in order to help you with your experience on the Website:

2.1. Information YOU give to Kuende Swiss

Account information: When you sign-up for a Kuende Swiss Account, we request your email address and password.

Please note that for the transactional information regarding the acquisition of KUE Tokens are applicable the KUE Token transaction ToS and Privacy Policy.

2.2. Information we automatically collect

We automatically collect the following information about the services you use and the way you use them on this Website:

• Usage Information: we collect information about your actions, such as the date and time of your visit on the Website, which browser you are using, login dates, the date and time you access to the Website, the length of time you spend on the Website;
• Network and connections Information: we collect information about the links that you may follow, the web pages and content of the Website that you view, the duration of such viewing as well as any other similar information and statistics that relate to your interactions with the Website;
• Location Information: we collect different types of information about your general location (e.g. IP address) and provide information that is more specific if the localization function in the settings menu of your mobile device is enabled;
• Device Information: we collect information about your computer, phone or any other device you use when you access the Website, such as hardware and firmware information, unique device identifiers, information locally stored on your device from browser web storage, the referring web page and application data caches and about the connection you use (e.g. mobile operator, mobile phone number, language and time zone, browser type);
• Log Data: we collect log information each time you use the Website, including but not limited to your usage of the Website, IP addresses, access times, hardware and software information;

3. Cookies and other similar technologies

3.1. How we use cookies

Like many other websites, Kuende Swiss uses cookies and other similar technologies for automatic data collection to provide its services on the Website, to understand how they are used and for advertising purposes.

These tools collect general information that your browser sends to our website, such as your browser type and the address of the website that you visited before accessing our Website. They also collect information about:

• Your Internet Protocol (IP) address – This is a number automatically assigned to your computer or device whenever you connect to the Internet. It is a unique address assigned by your Internet service provider on a TCP/IP network. The IP address allows web servers to locate and identify your device.
• Clickstream behaviour – This includes, for example, the pages you view and the links you click. These tools help make your visit to our Website easier, more efficient, and more valuable by providing you with a customized experience and recognizing you when you return.

3.2. What are cookies

We use the term cookie to refer to all technologies which store and access information on the device that you use to access our Website, such as your computer, tablet or mobile phone. Also known as browser cookies or tracking cookies, cookies are small, often encrypted text files, located in browser directories.

They are used to help Users navigate the websites efficiently and perform certain functions. Due to their core role of enhancing/enabling usability or site processes. By disabling cookies, the Website may not function properly.

3.3. What cookies we use and why

Kuende Swiss uses both session cookies and permanent cookies for a better understanding on how you interact with our Website, to monitor aggregate usage by our Users and web traffic routing on our Website, and to customize and improve our Website.

3.4. How can you change your options on cookies usage

You can instruct your browser, by changing its settings, to stop accepting cookies, to prompt you before accepting a cookie from the websites you visit, or to delete cookies. For more information on how to change your browser settings regarding cookies usage and how to block them, please visit www.allaboutcookies.org.

We partner with third parties to display advertising on our Website and our third-party partners may use cookies or similar technologies in order to provide you with advertising based on your browsing activities and interests. You may however opt out of this advertising. For information on how to opt-out of interest-based advertising please visit: www.youronlinechoices.eu.

Please note however that deactivation of this kind might prevent the use of certain functions of this Website. By using the Website you specifically consent to the processing of your personal data by Google under the conditions and for the purposes described above.

4. Use of information

Kuende Swiss processes the information collected, including your personal information for the following purposes:

• administrating the Website by processing logging data on the platform, logged devices, User activity data on the social networking platform, in order to create customized experiences for Users;
• provide technical functionality of our Website, develop new services and for analysing your use of the Website, including your interaction with applications, advertising and any other services offered on the Kuende ecosystem;
• communicate with you for our Website services related purposes;
• ensure the enforcement of the ToS and Privacy Policy regarding the KUE Token transaction;
• administrating the transaction of KUE Tokens as further described in the Privacy Policy regarding KUE Token transactions.

We use the information as follows:

• to provide you the Website and to improve the Website features;
• to enable you to enjoy and easily navigate the Website;
• to administrate your account;
• to keep you updated to our newsletter;
• to keep a details list of the participants to the KUE Token transactions;
• to prevent potentially prohibited or illegal activities;
• to conduct research and compile statistics or usage patterns;
• to process transactions as described in KUE Token transaction ToS;

5. Sharing and disclosure

By accessing or using our Website you expressly consent to Kuende Swiss using, storing, sharing or disclosing any of your information, as per section 1 of the Privacy Policy. By sharing or disclosing information, you agree that Kuende Swiss can do so with its successors, within the Kuende Swiss company family, third-party websites, applications or any other third-parties (e.g Google Analytics), as to offer you the full Kuende Swiss experience. You may anytime withdraw your consent for future use, storage, sharing or disclosing of your information according to section 6.1.

In order to comply with local laws, regulations and legal requests, Kuende Swiss reserves its right to use, store, share or disclose your information, if necessary. This includes, but is not limited to, addressing security issues, technical problems, fraud, the protection of Kuende Swiss’s rights. In this regard, none of the provisions found in the ToS and Privacy Policy are meant to be a waiver of Kuende Swiss’s rights, a limitation of our legal defences in any way or of the access to the necessary legal proceedings.

You understand and agree that your transactional information will be made public on the Ethereum blockchain and, therefore, disclosed to anyone.

6. Your rights and choices

6.1. Rights

In accordance with the applicable legal provisions with regard to the processing of personal data and the free movement of such data, Kuende Swiss undertakes to respect the rights of the data subject. You have the right of access to your data, the right to intervention upon your data, the right to rectification of your data, the right to erasure (“right to be forgotten”), the right to restriction of processing, the right to object to the processing of your data and the right to data portability. For exercising these rights please contact us in writing at: Kuende Swiss GmbH or email us at [email protected].

Furthermore, you have the right not to be subject to an automated individual decision and you are entitled to refer to a court of law.

6.1. Access and update

You may at any time review, update or delete the information provided in your Kuende Swiss Account by logging in to your Kuende Swiss Account and changing the settings of your account.

6.3. Deactivation and Deletion of your Kuende Swiss Account

6.3. Deactivate your Kuende Swiss Account

As a Kuende Swiss User you may deactivate your Kuende Swiss Account by clicking on the "Deactivate Account" button in the Settings section and you will be logged off from all the devices with which you connected to the Website.

The User may reactivate the Account at any time, in 6 months, by simply logging in on the Website.

6.3. Delete your Kuende Swiss Account

Any User can delete his/hers Kuende Swiss Account by clicking on the "Delete Account" button located in the Settings section. As a result the User logs out from all the devices with which he logged on to the Website.

For more information on how to deactivate or delete your Kuende Swiss Account, please press the Help button on our website.

If your Kuende Swiss Account remains inactive for at least 1 month, respectively if you don’t have any activity on the Website and/or you don’t log on to the Website from any device, we reserve the right to delete your Account without any prior notice.

7. Data transfer

Kuende Swiss can share your information within the corporate family or with third parties, such as cloud services providers based in the European Union or the European Economic Area or in countries with an adequate level of data protection according to the applicable data protection laws and regulations. When using the Website, you expressly consent to the transfer, storage and processing of your personal data in the respective countries.

Such transfer is made to help or participate in the Website’s operation, in particular by managing, hosting or maintaining the Website, or to conduct research, monitor and analyze the network’s status. Kuende Swiss shall conclude any required agreement with such outside companies or agents to ensure that data recipients guarantee adequate data protection at all times. The collected data may be passed on without restriction to any subsidiary or affiliates of Kuende Swiss, which shall guarantee and be subject to the same data protection requirements as Kuende Swiss. Your personal data collected through the contact form shall only be transferred, as the case may be, for the purpose of answering your query.

You expressly consent to such a transmission, being specified that Kuende Swiss shall respect all applicable rules and regulations and shall adopt all required and necessary measures prior to the transmission of data abroad.

Kuende Swiss may transfer the collected personal data to any government and law enforcement officials or private parties as it, in its sole discretion, believes necessary or appropriate to respond to claims and legal actions (including but not limited to subpoenas), to protect the property and rights of Kuende Swiss or a third party, to protect the safety of the public or any person, or to prevent or stop any activity that may be considered to be, or to pose a risk of being, illegal, unethical or legally actionable.

Kuende Swiss may sell, transfer or otherwise share some or all of its assets, including your personal data and big data, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy or insolvency event. Your consent to this Privacy Policy followed by your submission of personal data represents your explicit agreement to that transfer.

8. Links to third party websites

Kuende Swiss can display third party advertisements and other related content that links to third party websites. Kuende Swiss cannot control or be held liable for the privacy policies and content of any third parties. We advise you to read their privacy policies to learn how they collect and process your personal information.

9. Security

Kuende Swiss is keen to take all necessary actions to protect your information against unauthorized access, loss, destruction or undesired alteration. Your password is meant to protect your Kuende Swiss Account, so we strongly recommend you to use a unique and strong password, limit access to your computer and browser, and sign off after having used our Website.

Even if Kuende Swiss is continuously implementing and updating its administrative, technical and physical security measures to ensure protection of your information, Kuende Swiss cannot guarantee the security of the transmission or storage of your information in the Internet environment at any time.

YOU ACKNOWLEDGE THAT THE USE OF THE INTERNET IS NOT SAFE AND THAT THERE ARE CERTAIN INHERENT RISKS TO YOUR PERSONAL DATA. KUENDE SWISS SHALL MAKE REASONABLE EFFORTS TO PROTECT YOUR PERSONAL DATA BUT IT CANNOT GUARANTEE OR WARRANT THAT DATA YOU PROVIDE TO KUENDE SWISS IS SAFE AND PROTECTED FROM UNAUTHORIZED THIRD-PARTY ACCESS AND THEFT AND, THEREFORE, WAIVES ALL LIABILITY IN THIS RESPECT.

10. Updates to this Privacy Policy

The services provided by Kuende Swiss through our Website are always evolving, their form and/or nature may be subject to change over time and Kuende Swiss reserves the right to modify these ToS and/or Privacy Policy, at any time. In case any changes appear to the ToS and/or Privacy Policy, we will post the revised ToS and/or Privacy Policy on the Website and signalize the updated version by changing the “Last updated” date at the top of the ToS and Privacy Policy. Additionally, we will notify you about the changes by email at least 30 days before the date they become effective. After the date the updated ToS and/or Privacy Policy become effective, the continued access or use of your Kuende Swiss Account and/or the Website will represent your acceptance of the respective updated Privacy Policy.

The present version of the ToS and Privacy Policy was last updated on March 15, 2018 and it is effective as of March 15, 2018. The one herein will replace all prior versions of the ToS and/or Privacy Policy. Any specific additional policies, terms or rules, including, but not limited to the KUE Token transaction Policy and Cookies Policy are meant to supplement the current Privacy Policy.

11. Contact

Should you have questions, complaints or require additional information about this Privacy Policy, please contact us at: Kuende Swiss GmbH, Arbachstrasse 2, Kanton Zug, 6340 Baar, Switzerland, or email us [email protected]. We will give our best to answer your request in the shortest possible time.

12. Governing Law and Arbitration

The Privacy Policy, as well as all matters arising out or in relation to it (including non- contractual disputes or claims and their interpretation) shall be governed by the laws of Switzerland, to the exclusion of the rules on conflicts of laws.

You agree to seek an amicable settlement prior to bringing any legal action. Any claim or dispute regarding this Privacy Policy or in relation to it shall (including for non-contractual disputes or claims and their interpretation) be subject to arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce in force on the date when the Notice of Arbitration is submitted in accordance with these Rules.

The arbitration panel shall consist of one arbitrator only. The seat of the arbitration shall be Zug, Switzerland. The arbitral proceedings shall be conducted in English.

You agree that any dispute is personal to you and Kuende Swiss, and that any dispute shall only be resolved by an individual litigation and shall not be brought as a class action, or any other representative proceeding. You agree that a dispute cannot be brought as a class or representative action or on behalf of any other person or persons. You shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the litigation or related to the dispute(s) therein.