1. Who we are
1.1. We are TWISPER INTERNATIONAL SA located at Rte des Jeunes 4, 1227 Geneva, Switzerland.
2.1. By making available the Services we, acting reasonably and in good faith, believe that you:
a) have all necessary rights to register on and use the Services;
b) provide true information about yourself to the extent necessary for use of the Services;
c) understand that by the posting your personal information where it is accessible by other users of the Services you have manifestly made this information public, and this information may become available to other Service users, may be copied and disseminated by them;
3. Information we collect about you
3.2. We set out in more detail the information we collect when you use our Services, why we collect and process it and the legal bases below.
3.2.1 Information Collected Location Data Purpose We use your location data in order to manage and administer the Services provided to you. We use this data to enable us to fulfil our obligations to you as part of the Services (e.g. in cases where you request restoration of your account). We also use this information in order to provide you with recommendations we think you may be interested in.
3.2.2 Information Collected Data you provide for registering in the Services: your name or data obtained via third parties – your social network name, surname and email (Facebook, Google). Purpose We import this information into your profile. We use this information in order to manage and administer the Services provided to you. We use this data to enable us to fulfil our obligations to you as part of the Services (e.g. in cases where you request restoration of your account).
Performance of our contract with you
3.2.3 Information Collected Where necessary, a copy of your identity or another document containing your name, surname, photograph, number of the principal identity document of you or your representative, payment details and another additional data, with that you may provide us, including through our support service. We may take additional verification steps where we consider reasonable in order to verify your account. Purpose We use this data in order to identify you, verify your account and prevent abuse of your or other persons’ rights. For example, we use this information to verify your identity if you lose your credentials and wish to access your account with us.
Performance of our contract with you
3.2.4 Information Collected Additional data received when you access the Services, including information regarding technical devices, technical interaction with the Service such as your IP-address, time of registration in the Service, device model and operating system used, your installed apps, type of a browser, your Internet provider and/or phone network operator, network type, screen resolution, RAM size. Purpose We use your data for internal review in order to constantly improve the content of our Services and web pages, optimizing your user experience, to understand any errors you may encounter when using the Services, to notify you of changes to the Services and to personalize the use of our Services. We may also use this data in order to tailor and improve the information that are presented to you to and measure the effectiveness of our TWISPER campaigns.
3.2.6 Information Collected Information that is created by you while using the Services (e.g. information that you post as comments). Purpose We use this information in order to manage and administer the Services including providing our services to you.
Performance of our contract with you
3.2.7 Information Collected Information that is created by you while placing requests to our Services support. Purpose We use this information in order to verify your identity and to fulfill your support request. We may also use this data in order to investigate any complaints on your behalf and to provide you with a more efficient service.
Performance of our contract with you
3.3. Our legitimate interests include
(1) maintaining and administrating the Services;
(2) providing the Services to you;
(3) improving the content of the Services;
(4) processing of the data that was manifestly made public by you where it is accessible by other users of the Services;
(5) ensuring your account is adequately protected; and
(6) compliance with any contractual, legal or regulatory obligations under any applicable law.
3.5. Your personal information may also be processed if it is required by a law enforcement or regulatory authority, body or agency or in the defense or exercise of legal claims. We will not delete personal information if it is relevant to an investigation or a dispute. It will continue to be stored until those issues are fully resolved and/or during the term that is required and/or permissible under applicable/relevant law.
3.6. You may withdraw your consent the collection of location data by amending your privacy settings on your device.
3.7. Please note, if you do not want us to process sensitive and special categories of data about you, you should take care not to post this information or share this data when using the Services. Once you have provided this data it will be accessible by other Service users and it becomes difficult for us to remove this data.
3.8. Please note, if you withdraw your consent to processing or you do not provide the data that we require in order to maintain and administer the Services, you may not be able to access the Services.
4. Data sharing
4.1. Your name, surname and comments can be available to all of the Service users. We take technical and organizational measures to ensure that your data is safe. Please note that by the posting your personal information you have manifestly made this information public where it is accessible by other user of the Services, and this may become available to other Service users and be copied and/ or disseminated by such users.
4.2. Sometimes we may also need to share your data with a third-party in order to provide our Services to you or to administer the Services,
5. Privacy settings
5.1. The Services may contain links to sites operated by third parties. We are not responsible for your data privacy when you access these links or engage with third-party services and you should ensure you review the relevant third-party’s privacy statement which will govern your data privacy rights.
5.2. We bear no liability for the actions of third parties which, as the result of your use of the internet or the Services, obtain access to your information in accordance with the confidentiality level selected by you.
5.3. We bear no liability for the consequences of use of the information which, due to the Services nature, is available to any internet user. We ask you to take a responsible approach to the scope of their information posted on the Site.
6. International Transfers
6.1. We may transfer and maintain on our servers or databases some of your personal information outside Switzerland or European community.
6.2. The countries to which we transfer your data may not have the same data protection laws as your jurisdiction. We take reasonable cyber security measures and/or put in place the Standard Contractual Clauses (e.g. Model Clauses, Data Processing Agreement/Addendum) to ensure your data is adequately protected)
7. Retention Periods
7.1. We will retain your personal information for as long as required to perform the purposes for which the data was collected depending on the legal basis for which that data was obtained and/or whether additional legal/regulatory obligations mandate that we retain your personal information during the term that is required and/or permissible under applicable/relevant law.
7.2. You may request to remove your personal data on our Services by contacting the Service support. 7.3. We may remove your personal data on your account, or the information you post as provided by the Terms.
8. Your Rights
8.1. You have the following rights, in certain circumstances, in relation to your personal information:
a) Right to access your personal information.
b) Right to rectify your personal information: you can request that we update, block or delete your personal data, if the data is incomplete, outdated, incorrect, unlawfully received or no longer relevant for the purpose of processing.
c) Right to restrict the use of your personal information.
d) Right to request that your personal information is erased.
e) Right to object to processing of your personal information.
f) Right to data portability (in certain specific circumstances).
g) Right not to be subject to an automated decision.
h) Right to lodge a complaint with a supervisory authority.
8.2. If you would like to exercise these rights, please contact Support Service via email support@TWISPER.com or send your request to us, in writing to TWISPER INTERNATIONAL SA, Rte des Jeunes 4, 1227 Geneva, Switzerland. We will aim to respond to you within 30 days from receipt of request. We will need to verify your identity before we are able to disclose any personal data to you.
9. Security Measures
9.1. We take technical, organizational and legal measures, including, where suitable, encryption, to ensure that your personal data are protected from unauthorized or accidental access, deletion, modification, blocking, copying and dissemination.
9.2. Access to the Services is authorized using by the relevant social network your login and password. You are responsible for keeping this information confidential. You should not share your credentials with third parties, and we recommend you take measures to ensure this information is kept confidential.
10. Changes to this Policy
11. Contact Us
11.2. All correspondence received by us from you (written or electronic inquiries) is classified as restricted-access information and may not be disclosed without your written consent. The personal data and other information about you may not be used without your consent for any purpose other than for response to the inquiry, except as expressly provided by law.
Terms & Conditions
By registering at the TWISPER Services, the User confirms that his age is sufficient for such registration under the applicable laws and/or he has all necessary consents (e.g. parental consents) in full compliance with the applicable laws, including for purposes of data protection laws, otherwise the registration at the TWISPER Services and its using is prohibited.
You are allowed to use the TWISPER Services for personal non-commercial use only. TWISPER Services When using the Software on certain mobile devices TWISPER may need to access and collect certain details and data from your mobile device including details of your location (shall include, but not be limited to country, state, city/town/locality, street).
TWISPER collects and stores such information:
• to inform you about your location
• to send you notifications or content according to your location
• to show you content (e.g. images) according to your location
• to inform you about certain points of interest (e.g. restaurants, hotels, etc.)
• to inform you about other user’s comments on certain points of interest
• to improve TWISPER Services.
Also, please note that TWISPER may offer you functionality in which your log-in credentials are stored on your mobile device so that you can be automatically logged in to TWISPER. If someone else obtains access to your mobile device (e.g., through theft), the automatic log-in feature will enable such person to have access to your TWISPER account. Therefore, in the event your mobile device is lost or stolen, it is your responsibility to contact your wireless carrier immediately to prevent the unauthorized use of your mobile device. In no case TWISPER will be liable for your losses caused by any unauthorized use of your account in TWISPER Services.
The TWISPER Services or any part thereof including, without limitation, any version of the Software installed on your mobile device may be changed, updated, added to, limited or terminated, at any time, temporarily or permanently, without notice, for any reason or no reason by TWISPER in its sole discretion (“Updates”). You agree to bear the risks of and hold TWISPER harmless for any and all effects that the Updates may have on you and your ability to use the Software and the TWISPER Services, in whole or in part, as a vehicle navigation system or for any appropriate information searching.
Restrictions on Use You may use the TWISPER Services’ features, offerings and content for lawful purposes only.
You may not:
(1) enter any information for the purpose of impersonating another person
(2) violate the intellectual property rights of any person
(3) enter offensive details
(4) use TWISPER for any illegal purposes.
Moreover, you agree not to block, disable or otherwise affect any advertising, or other features that constitute an integral part of the Software and TWISPER Services, unless you purchase an additional service to disable advertising. In addition, you may not create any software or incorporate into any software any portion of the TWISPER Services or enable communication between the TWISPER Services and any other service except as specifically permitted by TWISPER. Proprietary Rights TWISPER and its licensors owns all intellectual property in the TWISPER Services and the proprietary TWISPER databases, including but not limited to TWISPER components and algorithms, and access to the TWISPER Services’ server complex, except intellectual property granted to TWISPER under OpenStreetMap license.
You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works or in any way exploit the content of the TWISPER or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material owned by TWISPER without the express permission of TWISPER.
With respect to user’s content/information, TWISPER employees do not monitor such content/information but TWISPER may employ certain automatic computer systems and filters to scan such messages for the purpose of limiting the sending of spam or other unsolicited commercial content through the TWISPER systems. Users shall remain solely responsible for their content/information.
You acknowledge and agree that TWISPER shall not assume or have any liability for any action or inaction by TWISPER with respect to any conduct within the TWISPER Services. Additional services At the wish of the User TWISPER shall provide the User with the paid Additional service such as the refusing to display advertising in the mobile application TWISPER (hereinafter the “Additional service”).
Additional service can be ordered in the settings of the mobile application TWISPER. The terms and procedure for purchasing an Additional service are set out in Section 6 of the General Terms. Additional service can be provided for a week, month, year – at the User’s choice. Any and all fees payable for the Additional service are non-refundable.
The TWISPER Services may contain features, functionalities and/or third party offerings that may link you or provide you with certain reference, functionality or products of third parties (“Other Services”). These Other Services are provided by TWISPER only as a convenience. The Other Services are not controlled by TWISPER in any way and TWISPER is not responsible for the content of any such Other Services, any link contained therein or for the performance, availability, or quality, of any Other Service.
In no event shall TWISPER be liable to anyone for any damage arising from or occasioned by the creation or use of the Other Services or the information or material accessed or delivered through the Other Services. Disclaimer of Warranties :
THE TWISPER SERVICES AND SOFTWARE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TWISPER MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. TWISPERDOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY OR RELIABILITY OF THE SOFTWARE, OR THE TWISPER SERVICES, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, AND THE TWISPER SERVICES IS ASSUMED BY YOU.
TWISPER does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the TWISPER Services.
TWISPER does not warrant or guarantee:
(1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties
(2) that the TWISPER Services and the functions or services performed by TWISPER will be uninterrupted or error-free
(3) that defects in the TWISPER Services will be corrected. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.
Security and Privacy Limitations
Please note that the TWISPER Services, as with most Internet applications, are vulnerable to various security issues and hence should be considered unsecured. By using the TWISPER Services and the Internet in general, you may be subject to various risks, including among others:
1. Exposure to objectionable material and/or parties, including without limitation, contaminated files.
2. Unauthorized invasion of your privacy during, or as a result of, your use or another’s use of the system.
3. Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, “imposturing”, electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer (or any other device) and other forms of activity that may even be considered unlawful.
4. Unauthorized exposure of information and material you listed or sent, on or through the TWISPER system to other users, the general public or any other specific entities for which the information and material was not intended by you.
5. That information, data or messages may not reach their destination or may reach an erroneous address or recipient and may viewed by such recipients.
6. Downloading viruses or other files from other users that may cause damage to your device.
7. Others may be able to view your IP address or location.
You acknowledge that you are aware of the risks and limitations of the TWISPER Services and that while TWISPER may provide you with certain security and privacy features that such features are provided to you as a convenience only and may not operate according to their description or may not operate at all.
If you do not wish to be subjected to these risks, you are advised not to use the TWISPER Services. Furthermore, please do not use the TWISPER Services for “Mission Critical” or “Content Sensitive” applications and purposes. For the purpose of this section “Mission Critical” applications and purposes shall mean applications and use that may result in damage; “Content Sensitive” shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.
Unless expressly stated to you by TWISPER, the TWISPER Services are provided to you free of charge. However, TWISPER may charge fees for some advanced features in the TWISPER Services. If any payments were made for any materials, equipment, products or services that bundle or offer any part of the TWISPER Services, or for accessing the TWISPER Services through any platform or network (including any telephone or communication charges), you acknowledge, that such payments were made for the equipment, products, services or access offered, and not for the actual TWISPER Services.
While TWISPER does not currently charge for use of TWISPER Services on mobile devices, please note that when using TWISPER Services on mobile devices you may be charged by your cellular operator for data or access to the Internet. Therefore, please check with your cellular provider of any charges that will apply when using the TWISPER Services through your mobile device.
There may be extra charges to use or access certain premium or subscription content, products or services (“Premium Services”) on or through the TWISPER Services. The Premium Services may be subject to additional terms and conditions, which will supplement this Agreement. You will need to agree to such additional terms and conditions in order to access any Premium Services.
Communications from TWISPER TWISPER may send:
(i) notices about your use of the TWISPER Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information, to your TWISPER account or to a mobile phone number provided by you on or through any of the TWISPER Services. Termination TWISPER may at any time terminate your access to the TWISPER Services, cancel, change, introduce different options and features to different users or refrain from publishing any other details of the users on the various TWISPER directories and listings for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this Agreement or the TWISPER
Terms of Service
TWISPER has no obligation to provide you a warning prior to termination of your use of the TWISPER Services. Support You understand that your use of the TWISPER Services is at your own risk and that TWISPER is not obliged to provide you with any assistance. TWISPER is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software or any TWISPER Service. Changes to Agreement TWISPER may change, from time to time, the terms of this Agreement with or without prior notice to you, and it’s your responsibility to review this Agreement for any changes.
By continuing to use the TWISPER Services, you signify your consent to the new or revised Agreement. If you do not agree to the revised Agreement you shall discontinue the use of the TWISPER Services. Subject to the foregoing, you further agree to be bound by the provisions of the Agreement available on the TWISPER portal, if such license is marked with a more recent date than that on the license agreement that accompanies your Software.
By using any of the TWISPER Services, you consent to receive legally required communications, including notices, agreements, disclosures or other information in connection with any of the TWISPER Services electronically from TWISPER (collectively, “Notices”). You agree that TWISPER generally can send you electronic Notices by (i) by SMS (text message) to your mobile device (ii) “System” notice, or any other form of notice, on any of the TWISPER Services and/or by (iii) posting the Notices on a main or other page of TWISPER portal.
You agree that certain supplemental or enhanced services made available to TWISPER users may also have their own Notice procedures. The delivery of any Notice from TWISPER is effective when sent by TWISPER, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the TWISPER Services.
Transfer of Rights TWISPER may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.
On all issues related to this Agreement, please use the e-mail address firstname.lastname@example.org.
Copyright (c) 2019 TWISPER INTERNATIONAL SA, Rte des Jeunes 4, 1227 Geneva, Switzerland. ALL RIGHTS RESERVED
2.1. A cookie is a small text file which includes a unique identifier that is sent by a web server to your computer, mobile phone or any other internet enabled device when you visit a website or mobile app. Cookies are widely used to make sites work efficiently and to collect information about users’ online preferences. For simplicity, this Policy refers to cookies, but we may use other similar technologies in the same way.
3.2. We use all or some of the following categories of cookies on our website:
(a) Essential cookies. These cookies are essential for parts of our website to operate. They enable you to move around our website and allow us to recognise you within our website so that we can provide you with the service that you have asked for such as remembering your sign-in details.
(b) Functionality cookies. These cookies help us customise our site content based on your preferences. They remember choices you make, your language and the country you visit our website from. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
(c) Performance cookies. These cookies collect information on how you use our website in order to help us improve areas such as navigation and to help us fix technical issues or errors. For example, we use these cookies to help us understand how you arrive at our website, browse or use our website and highlight areas where we can improve. The information stored by these cookies never shows personal details from which your identity can be established.
4. How do I reject cookies?
4.1. At any time, you can prevent cookies from being set on your browser. For instructions on how to block, delete or disable any cookies, please consult your browser’s ‘Help’ or ‘Support’ section. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our website.
4.2. Please consult the following links for information on cookie management and blocking according to your browser:
(а) Explorer: http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11.
(b) Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
(c) Chrome: https://support.google.com/chrome/answer/95647?hl=en
(d) Safari: https://support.apple.com/kb/PH19214?locale=en_GB 4.3.
You can opt out of third-party tracking networks using these tools: Click here to opt out of Google Analytics
4.4. You can find general information and opt-out resources at youronlinechoices.eu.
5. Changes to this Policy
6. Contact Details