Imprint

Registered office
Smoolis GmbH in Liquidation
[email protected]Commercial register
UID: CHE-114.678.574
Legal form: LLC
Reference number: CH-020.4.039.342-1

Terms of Service

Effective Date: 14.01.2024These Terms of Service ("Terms") describe your rights and responsibilities when using our online workplace productivity tools and platform ("Services").Before you start using or accessing the Smoolis services ("Services") or any of the services of Smoolis GmbH ("Smoolis", "we", "our", or "us") you ("you" or "your") are agreeing to these Terms ("Terms" or "Agreement") and the Privacy Policy. Please read these Terms carefully before using this website.If you disagree with any of these Terms or the Privacy Policy, please do not use our Services.The Smoolis platform is managed by the Swiss Limited Liability Company under the name "Smoolis GmbH", based in Zürich, c/o The Hub Zürich Association, Sihlquai 131, Postcode 8005, in Switzerland, email: [email protected], is legally represented, and is active in development, provision of services, distribution, and trading of IT and data processing solutions and distribution of products in the fields of design, engineering, and communication.1. Account Terms1.1. To sign up for our Services you must have reached the age of eighteen (18). Minors are only permitted to register when they have the written permission of their respective legal representative (e.g. their parents).1.2. To create a Smoolis account ("Account") on our platform, you must fill in your details (a valid email address, first name, last name) and create your personal access code (password). When you create your account, Smoolis generates a random subdomain name.1.3. A legally binding and enforceable contract shall take effect -unless otherwise agreed- upon successful completion of the registration process. The registration process shall only be successfully completed when we have informed you of such via a welcome email. You have the opportunity to print these terms and conditions at any given time. For this purpose, the print function of the respective browser can be used.1.4. You do not have a claim to the conclusion of a contract. We reserve the right to refuse your offer to enter into a contract with us, without giving reasons.1.5. If you are signing up for our Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms. Your employer shall be the account owner.1.6. Make sure your account information is valid, accurate, complete, and always up to date. We may need to use this information to contact you.1.7. You verify that your country of residence is the same as the billing address.1.8. You may change your personal secret password at any time. Your account is accessible to you, via those codes, and you are solely responsible for keeping them secret and hiding them from third parties. If your password is lost or leaked, you should immediately notify us, otherwise, our platform is not responsible for the use of the password by unauthorized persons.1.9. For security reasons, you are advised to change your password at regular intervals and avoid using the same and easily guessable passwords (e.g. date of birth). We also recommend that your password includes not only letters and numbers but also symbols.2. Privacy Policy and Data Protection2.1. At Smoolis we pay special attention to security and respect the privacy and confidentiality of your personal data. We have developed our Privacy Policy in order to fully inform you about how personal data and your information will be used by Smoolis. These Terms explicitly incorporate the Privacy Policy. To learn about how your cookies are processed and protected, read our Cookie Policy in more detail.2.1. Our Data Processing Addendum is part of this agreement.3. Your Obligations3.1. You should always use our Services and your Smoolis account in accordance with these Terms.3.2. You accept that you will not use our platform and your Smoolis account to send, post, upload or otherwise transmit any content that is unlawful, harmful, threatening, insulting, annoying, slandering, defamatory, vulgar, obscene, libelous, that violates a third party's private life or privacy, is indicative of hate or racial, national or other discriminations, or that may cause harm to minors in any way, is not allowed to be transmitted in accordance with the law or contractual or management relations (e.g. confidential information, proprietary and confidential information obtained or disclosed as part of an employment relation or covered by confidentiality agreements), violates any patent, trademark, trade secret, copyright or other proprietary rights of third parties, contains software viruses, worms or any other codes, files or programs designed to harm, cause damage, destroy or interfere with the operation of any software or computer hardware, violates intentionally or unintentionally the applicable Swiss Community, and international laws and regulations and may interfere with third parties in any way and any content used to collect or store personal data of other users. In the event of non-compliance by you with the above rules, the administrator of the platform reserves the right to disable your account, terminate your services and remove relevant reports and content.3.3. You accept that you will not attempt unauthorized access thereto and its server, or to any other server, computer, and database associated with our platform, and are committed not to attack it through denial of service attack or distributed denial of service attack. Breach of this obligation may constitute a criminal offense in accordance with applicable law. Any such infringement will be reported to the relevant law enforcement authorities. Similarly, in the event of such a breach, the right of you to use the platform will be immediately annulled.3.4. You agree that you will not request, collect, or use the login credentials of other users of our platform.3.5. It is expressly forbidden, either by you or by any third party, to:
a. copy, modify, create derivative works, republish, upload, display, transmit or distribute part or all of our platform;
b. use any bot, spider or application for site search or retrieval or any other device for copying, retrieving, archiving or indexing any part of the platform requiring authentication;
c. monitor, copy, scan, review, index, mirror, ping or validate our platform or our Services via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are strictly prohibited);
d. transmit any computer virus, worm, defect, clickbait, trojan horse, or any other item of a destructive nature, or to upload any virus or malicious code;
c. accessing all or part of our platform in order to build a rival platform or service.3.6. Every action that could influence the normal functioning of the Smoolis platform is prohibited.3.7. You may use our Services to create or publish sites and online stores, and your sites may have their own visitors and users ("End Users"). You understand and agree that your sites and your End Users are your responsibility, and you're solely responsible for compliance with any laws or regulations related to your sites and your End Users, including without limitation the posting of your own terms of service and privacy policy. We're not liable for and won't provide you with any legal advice regarding your sites or your End Users.3.8. You take full responsibility for all taxes and fees of any nature associated with Services. You have sole and exclusive responsibility to determine what, if any, taxes apply to the purchase or sale of commercial products and services and/or the payments you receive in connection with your use of the payments services. It is solely your responsibility to assess, collect, report, or remit the correct Taxes to the proper tax authority, whether in customers' jurisdictions, your jurisdiction or elsewhere. We are not obligated to, nor will we, determine whether taxes apply, or calculate, collect, report, or remit any taxes to any tax authority, arising from any transaction.4. Our Rights4.1. We reserve the right to refuse Service to anyone for any reason at any time.4.2. We do not pre-screen content and it is in our sole discretion to refuse or remove any content that is available via our Services.4.3. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.4.4. You further acknowledge and agree that Smoolis employees and contractors may also be Smoolis customers/merchants and that they may compete with you, although they do not use your confidential information in doing so.5. Our Intellectual Property Rights5.1. All the content of our platform, including, but not limited to, templates, pictures, photographs, drawings, graphics, texts, slogans, etc. are the intellectual property of the controller and are protected by the relevant provisions of Swiss and European law, as well as international contracts. Names, pictures, logos, and distinguishing marks representing controller and/or third parties are trademarks and distinguishing marks of the controller and/or third parties and are protected by Swiss, Community and international laws on trademarks, industrial and intellectual property and unfair competition.5.2. You agree not to:
a. change, translate, create or attempt to make derivative works or copies of the software or website, either in whole or in part;
b. decompile, disassemble, convert the object code to source code,
c. distribute, assign, share, lease, lend, sell, resell, rent, sublet or otherwise transfer the software or website for your benefit.5.3. You are not allowed to reproduce, redistribute, duplicate, copy, remodel, change, disclose, distribute, republish, download, show, take screenshots, upload or transmit the material available on our platform in any case and in any way; nor the sale, resale or assignment of the use of the platform and the services, without the express written permission by us.5.4. Your use of third-party software or content downloaded from our platform does not transfer to you rights, titles or interests. In addition, you agree that you will not use any third-party software or content available to you via Smoolis unless expressly allowed under the terms of service or third-party license. If you do not agree to the terms of service or the third-party license agreement, do not download or use the third-party software or content.5.5. In the event of infringement of the Intellectual Property Terms, you must immediately delete any material obtained illegally.6. User Content6.1. We do not claim any intellectual property rights over the content and material you provide to our Services. All content you upload ("User Content"), including without limitation text, photos, images, audio, video, and any other materials, remains yours.6.2. You can remove your Smoolis site at any time by deleting your account. This will also remove all the content you have stored on the Services.6.3. You retain ownership over all content that you submit to a Smoolis site, however, by making your site public, you agree to allow others to view your content; you agree to allow us to display and store it and you agree that we can, at any time, review all the content submitted by you to our Service.6.4. These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.6.5. You represent that you own all rights to your User Content or otherwise have all rights and permissions to legally use, share, display, transfer and license your User Content via our Services. If we use your User Content in the ways contemplated in the Terms, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others' intellectual property or other rights, so please don't copy, upload, download or share content unless you have the right to do so.6.6. We haven't reviewed and can't review all of the User Content made available via the Services. The Services may contain User Content:
a. that is offensive or objectionable;
b. that contains errors;
c. that violates intellectual property, privacy, publicity or other rights of third parties;
d. that is harmful to your computer or network; or
e. the downloading, copying or use of which is subject to additional terms and policies.By operating the Services, we don't represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We're not a publisher of, and we're not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.7. Contracts7.1. You may agree to a one (1) month contract agreement with Smoolis.7.2. Subscriptions are billed in advance on a monthly basis (as per the option chosen when you purchased such services) and are non-refundable for the subscription period they are purchased for. An invoice will appear on the Account page of your Smoolis admin area.7.3. Only Services and features clearly indicated as "free" are free or without charge.7.4. You're able to upgrade or downgrade your subscription (Plans or Add-ons) at any time. When you change your subscription your billing cycle and renewal date will change accordingly.8. Automatic Subscription Renewals8.1. At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Your renewal period will be equal in time to the renewal period of your current subscription.8.2. To ensure uninterrupted service, we'll automatically bill you for our Services from the date you submit your initial payment and on each renewal period thereafter until cancellation.9. Cancellations9.1. You're able to cancel the Service at any time by following the cancellation procedures set forth in your account settings. The charge will stop by the end of the current billing cycle. Fees paid in advance shall not be refunded upon termination of the contract or deletion of the site prior to the end of the contract period.9.2. Cancellation of the contract must be issued via your Smoolis admin area and must be done at least one (1) day prior to the end of the contract term (billing cycle).9.3. By deleting your account, the contract with Smoolis will be terminated. Once cancellation is confirmed your Smoolis website will be taken offline immediately, your Smoolis account will be closed as well and you won't be able to log in anymore. When your subscription is cancelled, your account and its content will be immediately and permanently deleted from the Services. We won't be able to restore any of your information or content.9.4. We do not provide refunds when you close your site.

10. Fees and Payment10.1. Τhe prices are in CHF (Swiss Francs). No VAT will be applied. You can always see the details of what you're being charged by checking out your invoices.10.2. You must pay the fees applicable to your subscription to our Services and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Site and payment processor fees ("Transaction Fees"). If you're paying in currencies other than CHF (Swiss Francs), you may be charged a currency conversion fee by your card provider.10.3. When you make a sale using our Services and a payment gateway, you may be charged a Transaction Fee of the final order total, including any applicable taxes, shipping fees, gift wrapping fees and/or any other extra charge. Transaction Fee will be based on your subscription to our Services. Transaction Fee is collected immediately from your payment account upon a successful transaction. This fee is separate from your recurring subscription payments. When you refund customer orders we do not provide refunds.10.4. You must maintain your billing address in the administration menu of your Smoolis admin area and promptly update your location if you move.10.5. You must keep a valid credit card on file with us to pay for all incurred and recurring fees. We will charge applicable fees to the credit card account that you authorize, and we will continue to charge the credit card (or any replacement card) for applicable fees until the Services are terminated, and any and all outstanding fees have been paid in full.10.6. If the payment card you provide expires and you do not provide new payment card information, you authorize us to continue billing you and you agree to remain responsible for any uncollected fees. Additionally, a fixed sum can be charged for the cost of recovering a late commercial payment.10.7. If we are not able to process payment of fees, we will make four (4) times attempts to process payment using the authorized card. If our final attempt is not successful, your Smoolis website will be taken offline automatically. Your account will be reactivated upon your payment of any outstanding fees. If the outstanding fees remain unpaid for three (3) months, following the date of suspension, all of your content will be deleted from the Services. In that period, you are able to recover your account.10.8. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe's Terms of Service and Privacy Policy. We don't control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.10.9. To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors ("eCommerce Payment Processors"). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors' terms and policies. We don't control and aren't liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are a Third Party Service, as defined in Section 12. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with Your eCommerce transactions.11. Chargebacks/Disputes11.1. If you contact your bank or credit card company to decline, chargeback, or otherwise reverse the charge of any payable fees to us ("Chargeback"), we may automatically terminate your account.11.2. Before filing a claim against us, you agree to try to resolve the dispute by first emailing [email protected] with a description of your claim. We'll try to resolve the dispute informally by following up via email. If we can't resolve the dispute within thirty (30) days of our receipt of your first email, you or we may then bring a formal proceeding.11.3. We reserve the right, upon notice to you, to charge a fee for mediating or investigating chargeback disputes. Charges that we incur via a chargeback from you, denial of payment or via the opening of a dispute claim, may be invoiced to you. Resumed use of the Smoolis website and/or the Smoolis account shall only be possible once all outstanding sums have been settled.12. Third-Party ApplicationsOur Services are integrated with various third-party services, applications, and sites ("Third-Party Services") that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third-Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third-Party Services, and we're not liable for Third-Party Services or for any transaction you may enter into with them. Your security when using Third-Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third-Party Services. We're not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof.13. Limitation of Liability13.1. You agree that you are solely responsible for all charges that may be incurred for accessing and using the website.13.2. You expressly understand and agree that we or our suppliers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the use of or inability to use the service (however arising including negligence).13.3. We bear no responsibility for any technical problems that may occur to users when they attempt to access our platform or during such access and are related to the operation or compatibility of their own infrastructure using the platform.13.4. We are not responsible for any loss or damage caused by a denial of service attack, viruses or other malware or hardware that may harm the user's computer, accessories, data or any other material from the use of the platform or the uploading of material contained therein or similar material of another site referred to by the platform and in general for acts or omissions by third parties and in particular unauthorized interventions of third parties to products and/or services and/or information made available through the site.13.5. You are solely responsible for your conduct and the accuracy and appropriateness of all your data and content within your site, including: text, file, information, username, images, graphics, photos, profiles, audio, and video clips, sounds, musical works, copyrighted works, applications, links, exchange rates and currency conversion, sales tax calculations, terms of service, returns and refund, product pricing and description, shipping calculations and charges, contact information, email communications, payment processing and any other content or material you submit, upload or show on or through our platform and your Smoolis account. You are solely responsible, and we will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. You further understand that we may not maintain copies of files or documents that are sent by you and that you are solely responsible for backing up all your data.13.6. Smoolis regularly performs system backups. Individual Smoolis sites and/or the content therein cannot be restored from these system backups. You are solely responsible for saving and securing your site's data and content.13.7. We may provide access to the content of third-party websites for information purposes only. We do not control any of these third-party websites or services and are unaware of the availability, content, personal data, privacy policy, quality, and completeness, whether or not there are charges. You explicitly acknowledge and agree that our platform is not in any way responsible for such third-party websites or web services. Your interaction in any way with these third-party sites or web services is at your sole and absolute discretion and we are not responsible in that respect.13.8. We are not in any way liable to you or third parties for any loss or damage of any kind directly or indirectly related to it, its content, services or any of its applications or intellectual property rights, delay in the operation or transmission, or any kind of malfunction.13.9. We are not liable to you or third parties for any loss or damage of any kind related to force majeure events and violation of legislation (eg. tax, data protection etc), related to the use of our platform.13.10. We do not accept any liability for losses, damages, or loss of revenue that may be caused by the blocking of a Smoolis website due to incomplete or delayed payment, as long as the failure or delay can be attributed to the user.13.11. For the avoidance of doubt, we do not act on your behalf, nor does it establish any partnership or consortium between us.13.12. The linked websites are not controlled by us and, for this reason, we are not responsible for the content of these links, nor for the links on linked websites or any changes or updates to these websites.14. Warranty Disclaimer14.1. Your use of our Services is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.14.2. We do not warrant that the results that may be obtained from the use of our Service will be accurate or reliable.14.3. We do not warrant that our Services will be uninterrupted, timely, secure, or error-free.14.4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through our Services will meet your expectations, or that any errors in the Services will be corrected or free from viruses or other harmful components.15. Our Services15.1. The Services offered by Smoolis include various products and services to easily create and manage your own online presence (hereinafter referred to as "Smoolis websites" or "Smoolis stores"). The Services enable the user to upload and publish their own contents, to operate an online store, and to modify the design of their Smoolis website(s). Smoolis offers various versions of its service in so called "Plans" (One-Page, Website, eCommerce) or "Add-ons". For an accurate and up-to-date description of our Services, please visit our Pricing page.15.2. In order to use our Add-ons, you will have to subscribe to one of the following Plans: Website or eCommerce16. Modification to the Services and Prices16.1. We reserve the right at any time to modify, discontinue or suspend the Services (or any part thereof) with or without notice. Any new features/add-ons or tools which are added to the current Services shall be also subject to the Terms of Service. If you disagree with our changes, then you should stop using the Services.16.2. Prices and fees for using our Services are subject to change upon 14 days notice from us. Such notice may be provided at any time by posting the changes to our website. New prices and fees will not apply retroactively.16.3. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.17. Termination17.1. We may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Smoolis customer, Smoolis employee, member, or officer will also result in immediate account termination. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services.17.2. Services may be terminated by you, without cause, by following the cancellation procedures set forth in your account settings. Once cancellation is confirmed your Smoolis website will be taken offline immediately, your Smoolis account will be closed as well and you won't be able to log in anymore. When your subscription is cancelled, your account and its content will immediately and permanently deleted from the Services. We won't be able to restore any of your information or content.17.3. Without limiting any other remedies, we may suspend or terminate your account and erase your financial data if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in illegal or fraudulent activity in connection with the Site.18. Social media platformsWe also maintain presences on social media platforms including Instagram, Facebook, Twitter and LinkedIn. Any services provided by the Company through its social media platforms and any information that is disclosed, submitted or offered through its social media accounts are subject to these Terms, unless agreed otherwise, expressly and in writing.19. Written CommunicationUnder the current legislation, some of the information or updates we send you must be in writing. When you use our platform, you agree that communication with us will be mainly online. We will communicate with you by email or provide you with information by posting announcements on our platform. You agree to this online form of communication and acknowledge that all notifications, information and other communications we provide to you online are consistent with any legal requirement under which such communication must be made in writing. This term does not affect your legal rights.20. Additional Terms20.1. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights under these Terms to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.20.2. These Terms were originally written in English. We may translate these Terms into other languages. In the event of a conflict between a translated version and the English version, the English version will control.

21. Modifications to the Terms21.1. These Terms, together with any other expressly referenced document, constitute the complete agreement between us and the users in relation to the use of our Services, replacing any prior written or oral agreement, conciliation or settlement between us.21.2. We reserve the right to unilaterally modify, renew or cancel any term contained in these Terms, at any time and without sending prior notice to users.21.3. We shall inform users of any modifications and changes, via the platform or email or as otherwise required by law.21.4. Modifications and changes will never apply retroactively. By continuing to use or access our Services after any modifications come into effect, you agree to be bound by the modified Terms. If you disagree with our changes, then you should stop using our Services.21.5. It is your responsibility to read the Terms and the Privacy Policy at regular intervals, as these are applicable and in force at the time you use the platform.22. IndemnificationTo the fullest extent permitted by law, you agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Smoolis partners, officers, directors, agents, and employees, harmless from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) made by any third party arising out of or related to:
a. your breach of these Terms;
b. your User Content, your Sites and your eCommerce;
c. any claims from your End Users; and
d. your violation of any law or regulation or the rights of any third party.23. Applicable Law and Jurisdiction23.1. The use of our platform is solely governed by Swiss law.23.2. Any dispute arising out of or relating to the use of the platform is subject to the exclusive jurisdiction of the Swiss courts and, in particular, those of Zürich.24. Final ProvisionsIf you have any questions about the Terms, you can contact us by email at [email protected] or mail us to "Smoolis GmbH, c/o The Hub Zürich Association, Sihlquai 131, 8005 Zürich, Switzerland".

Privacy Policy

Effective Date: 01.01.2024Thanks for using Smoolis or visiting one of our websites. When we talk about "Smoolis," "we," "our," or "us" in this policy, we are referring to "Smoolis GmbH", the company which provides the Services. When we talk about the "Services" in this policy, we are referring to our platform.Whenever you use our Services via a web browser specific to your desktop or mobile device, you are bound by the applicable Privacy Policy; therefore, you should carefully read this text whenever you use our platform and make sure you accept it. If you don't agree with these terms you may not access or use our Services.At Smoolis we pay special attention to security and respect the privacy and confidentiality of the users' personal data. That is why we have invested time and resources to fully comply with the applicable national (Swiss Data Protection Act - DPA), European and international legal framework, and the European Union's General Data Protection Regulation 679/2016.Introduction
Protection of Privacy
This Privacy Policy explains how and why Smoolis collects, processes, discloses and protects the incoming information when you visit one of our websites, or when you use our Services, as well as your rights.Implementation of the Privacy Policy
The Privacy Policy applies to all natural persons from whom or for the benefit of whom we receive information for our own purposes (i.e. where we are a controller). It does not apply to personal information of our employees or job applicants (except to the extent employees or job applicants are users).Website that is not directed to minors
Our platform is not directed to minors. If the personal data of a person under the age of 18 is processed without the explicit consent of their parents or legal guardian, we reserve the right to delete the data obtained.Data Controller
The Personal Data controller is the Swiss Limited Liability Company under the name "Smoolis GmbH", based in Zürich, c/o The Hub Zürich Association, Sihlquai 131, Postcode 8005, in Switzerland, email: [email protected], is legally represented, and is active in development, provision of services, distribution, and trading of IT and data processing solutions and distribution of products in the fields of design, engineering, and communication.Personal Data
Concept
The term "personal data" means any information related to an identified or identifiable natural person. The identifiable natural person is a person whose identity can be identified directly or indirectly, in particular by reference to an identifier such as name, address, location data, or an online identity identifier such as an Internet Protocol (IP) address.Personal information does not include any information that, by itself, cannot recognize you as a particular person or entity (e.g., anonymized information) or data collected for statistical purposes.Processing
The personal data you may enter anywhere on our platform are subject to processing and are stored in a file under the responsibility of the controller mentioned above, only for reasons relating to:a. the development, execution, implementation and dissemination of the Smoolis platform,
b. your account management and processing of your requests, or the fulfillment of obligations arising out of any agreements entered into between you and us,
c. the provision, with your consent, of information regarding the Smoolis platform. Such a provision of information includes email messages, and
d. in general, the improvement of the services we provide. Your personal data are not allowed to be used by any third party, except as provided by the law and this Policy.
e. the protection of our legitimate interests
f. the compliance with applicable law (e.g. tax law)We collect and process information that is considered purely personal data, as well as other information that is not considered as such. Information that cannot identify you as a specific person can be used without restrictions.Our platform does not collect or process sensitive personal data, namely, data related to a user's health, sex life, sexual orientation, genetic or biometric data, or data revealing one's racial or ethnic origin, political opinions, religious or philosophical beliefs or membership in a trade union.When you create an account and sign up on our platform, we collect the information you provide us, including your first name, your last name, a valid email address (username), and a password. After completing our registration form, you will receive a welcome email describing your new Smoolis account and how to access that account.If you choose to continue our Service with a paid account, we will acquire the following personally identifiable information from you: credit card number, credit card expiration date, cardholder name and security code (CVV/CVV2/CVC2). This information is used to verify credit card authenticity, and process payments as per your applicable service agreement. If we are unable to process your subscription for a given month, this information, along with your account information, may be used to contact you.When you send us emails or other communications, such as customer support inquiries, we maintain those communications and their contents so that we can resolve your inquiries or otherwise assist you.If you wish so, we may use the personal data you provide when signing up and using our platform to inform you by email about services that may be of interest, new product features, promotional communications, newsletters and other announcements.If not required by law, we will not obtain your consent before collecting your personal data from third parties. Instead, it will be deemed that you have previously given such consent to any third party from whom our platform receives such information.User Content
When you use our Services, we process, store and transmit your User Content (such as your photos) and information related to your User Content. We process and store such files and information in order to provide our Services, as described in our Terms of Service.Location Information
Your devices (depending on your settings) may transmit location information to our third-party service providers. We only process and store information related to your country.Third Party Account Information
If you use Third Party Services, such as social media or photo-sharing services, you may provide us with your Third Party Services account information, such as your username (note that we don't store any passwords you use to access Third Party Services). We transmit, and may store, such account information, only as needed to provide our Services, and only in accordance with the terms and policies of the Third Party Services.Administrative access to your Smoolis website
Please be aware that Smoolis team members are also authorized in specific situations to access the administrative section of your Smoolis website when fulfilling customer service requests and tracking errors. This necessarily grants them the possibility to view all parts of your Smoolis website, including all password-protected areas. All members of our team are regularly trained in privacy and data protection sensibility and confidentiality.We make reasonable efforts to maintain your personal data, in accordance with the terms of this Privacy Policy and the Terms of Service.Sharing
We do not share, disclose or sell your personal data to other companies, third party controllers, information centers, credit institutions or other third-party service providers, except as described in this Privacy Policy and the Terms of Service.We may provide personal data to other persons in cases where:a. you have provided your explicit consent by clicking on the checkbox "I accept";
b. this is required by law, court order or at the request of any other competent governmental, judicial, police, administrative or regulatory authority, upon legal request and in accordance with the relevant laws,
c. this is necessary to protect our rights,
d. the platform is used in a manner that violates the Terms of Service or for purposes other than those for which it was intended specifically or
e. the terms of this Privacy Policy and/or Terms of Service allow and/or require such a disclosure.Third party services
In order to perform, improve, promote and protect our Services, it may be necessary for us to employ the use of third party services. These third parties may access, process or store your information to perform tasks only for the purposes we've authorized, and we require them to provide at least the same level of protection for your information as described in this Privacy Policy. In that case data may be shared with:Zendesk: Should you have questions or queries, you can contact us at any time via our contact form. We save your message in our ticket system (Zendesk) in order to process your request and to improve our service. Zendesk's privacy policy can be found here.Mailchimp: In order to send technical emails or newsletters we use the mail services provided by Mailchimp. You can remove your consent via "unsubscribing" from the newsletter. An "unsubscribe" link can be found in every newsletter-mailing. Mailchimp's privacy policy can be found here.Amazon: When you use our Services, we store, process and transmit your content to the cloud services of Amazon S3 (whose servers are located in Ireland). Amazon's privacy policy can be found here. In order to send order confirmations and contact form notifications through your website we use the service provider Amazon SES.Stripe: When you initially provide or update your payment information, we transmit it via an encrypted connection to our payment processor, Stripe. Stripe provides us with some limited information related to you, such as your card's type, expiration date, and last four digits. Stripe uses and processes your payment information in accordance with Stripe's privacy policy.Third Parties You Authorize: You can give third parties access to your and your End Users' information on the Services. The third party's use of this information will be governed by the terms and privacy policies of the third party.Purposes
The personal information we process will be only used for the defined, explicit, and legitimate purposes explained to you and will not be further processed in a manner incompatible with those purposes. Moreover, we limit the collection to only those information that is appropriate, relevant and necessary for the purposes explained to you.Period of maintenance
We keep personal data and other information until the termination of the user's account or as long as it is necessary to answer any questions and solve problems arising from your relation therewith, with the exception of payment data. Due to tax regulations we are obliged to save billing information for a period of ten (10) years.When we no longer require your personal information, we will destroy, delete or anonymize the information without prior notice to you.We can delete information and content of your account without sending notice to you. The same holds true, when your account is terminated.End User Information
Collection, use and storage of end user information. You may use our Services to create or publish your website, and your website may have end users. We may collect, use, store or delete all submitted information from your end users, on your behalf and at your direction, and we treat such information in accordance with this Privacy Policy and our Data Processing Addendum. We do this in order to enable you to use our Services, and to provide, improve and protect our Services. For example, during checkout you may ask your end users to provide name, address, email address and payment information so that you can complete their orders. We never use or delete your end users' information.Your relationship with end users. You can collect, use or delete your end users' information at any time. However, you're solely responsible for complying with any laws and regulations that apply to your end users' information, including without limitation the posting of your own Privacy and Cookie Policy. We're not liable for your relationship with your end users, and we won't provide you with any legal advice regarding such matters.End user payment information. Your end users' payment information may be processed via third party e-commerce payment processors which you integrate into your account, in accordance with such e-commerce payment processors' terms and policies. We transmit your end users' complete payment information when they initially provide, only so that we can pass it along to the e-commerce payment processors you agree to use. We don't collect or store your end users' payment information.Security
Our platform addresses the issue of protecting your anonymity and personal information very seriously. We protect your personal data and, in general, the information we receive about you, and we guarantee their confidentiality, integrity and availability using appropriate security measures, according to the most up-to-date and advanced technological methods. These measures include technical and procedural steps to protect your data from misuse, unauthorized access or disclosure, loss, alteration or destruction.To prevent unauthorized access and transmissions, promote data security, and encourage appropriate use of information, we and our service providers use a variety of tools (encryption technologies, passwords, physical and electronic security, procedural safeguards) to assist in the protection of your information. However, "perfect security" does not exist on the internet or through data transmissions, so we make no guarantees. Third parties may unlawfully intercept or access transmissions or private communications and you should not expect that your personal information will remain private.For the HTTPS encryption (TLS) of our website and your Smoolis website we use the free service (Let's Encrypt). Via the integration of encryption certificates Smoolis can provide a so-called transport encryption that protects the communication to a Smoolis site from unwarranted access of unauthorized third parties.Our platform supports security protocols (SSLs) and encryption mechanisms (HTTPS protocol) that allow secure data transmission to the network. It also uses mechanisms for access control, SQL injection, Cross-site scripting (XSS) vulnerabilities, and session hijacking security mechanisms to effectively protect data and minimize risks. We employ security measures such as using firewalls to protect against intruders, building redundancies throughout our network (so that if one server goes down, another can cover for it) and testing for and protecting against network vulnerabilities. Payment information is transmitted using HTTPS encryption, and we maintain a PCI DSS Compliance.Your personal data is stored on an encrypted server (Amazon S3) and can only be accessed by the employees authorized by the company "Smoolis GmbH", and only when this is necessary, e.g. to handle your requests. We manage access to AWS services and resources securely with AWS Identity and Access Management (IAM).For your own safety, you should also treat all information provided on our platform as confidential and private and not disclose it to third parties. Where you have selected an access code that allows you to access some options of our platform, you are solely responsible for keeping this access code. If the access code is stolen or misused, it is your sole responsibility to notify us immediately. Additionally, it is your responsibility to limit access to your computer and browser by signing off after you have finished accessing your account.Cookies
We use cookies on our website and when providing our services. For more information about how we use them, including a list of cookies that we place when we power a merchant’s store, and an explanation of how you can opt out of certain types of cookies, please see our Cookie Policy.

Consent
We can receive personal information about you from various sources or by different methods. The way of consent may vary depending on each source or method.We assume that by using our services and/or accessing thereto you have read the Terms of Service and the Privacy Policy. Moreover, by providing the information, whether personal or not, you declare it to be true and accurate and have explicitly given your consent to be disclosed and processed for the purposes stated, by clicking on the relevant checkbox "I accept", unless you update our platform that you explicitly no longer wish your information to be used. Your consent to this access/disclosure includes those cases where for the effective service provision, providers are likely to be established in the United States of America or other countries or regions outside the European Economic Area.In the event that you transmit third party personal data, you are responsible for informing that party about the use of his or her data and for obtaining his or her explicit consent that such information is given for the purposes explained above. In any case, the Privacy Policy applies to any information gathered from a third party.You can revoke your consent at any time by sending an email to [email protected], without prejudice to the legitimacy of the consent-based processing prior to its revocation. Your data is then deleted, or provided that it is necessary for billing and accounting purposes, blocked accordingly.Access to Personal Data
To modify the personal information you have provided to us, simply log into the Services and update your profile. We may retain certain information as required by law or for necessary business purposes.You are entitled to receive from us a confirmation of whether or not your personal data is being processed and, if so, you have the right to access your personal data, as well asa. the purposes of the processing;
b. the relevant categories of personal data, recipients or any types of recipients to whom personal data have been or will be disclosed;
c. where possible, the period during which personal data will be stored;
d. the existence of a right to request us to correct or delete personal data or to restrict the processing of personal data or the right to object to such processing;
e. the right to submit complaint to a supervisory authority;
f. when personal data are not collected by you, any available information about their origin;
g. the existence of automated decision-making, including profile making and important information about the philosophy followed, as well as the importance and predicted consequences of such processing for you.You can ask us to provide to you a copy of your processed personal data. For additional copies that may be required, a fee of twenty (20) CHF is required.Any request for access to information should be addressed to the person in charge of processing your personal data at [email protected].We will respond within one (1) month.Rights of Correction, Deletion, Limitation, Portability, Objection and Complaint Submission
We are committed to ensure that your personal data is kept confidential and to ensure that you exercise your rights of access, correction, deletion, restriction, portability and objection by sending an email to [email protected]. If necessary, we will ask you to provide us with a photocopy of your identity card, passport or other valid documentary evidence.Right of correction
The user is entitled to require us without undue delay to correct inaccurate personal data. Having regard to the purposes of the processing, the user is entitled to require the completion of incomplete personal data, including among others through a supplementary statement.Right of deletion
The user is entitled to ask us to delete personal data if:a. the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed,
b. the user has revoked the consent on which the processing is based and there is no other legal basis for the processing,
c. the user objects to the processing and there are no compelling legitimate grounds for the processing,
d. the personal data have been processed illegally,
e. data must be deleted so that the controller's legal obligation is respected; and
f. personal data has been collected in connection with the provision of services in the information society. Requests for deletion of personal data are processed within one (1) month. In the event that personal data is disclosed, we, taking into account the available technology and implementation costs, shall take reasonable steps, including technical measures, to inform third parties processing such data that the platform's user has requested the deletion of any links to such data or copies or replications of personal data. Please note that there may be latency in deleting your personal information from our servers and backup storage, and we may retain your personal information in order to comply with the law, protect our rights, resolve disputes or enforce our agreements.Right to restriction of processing
The user is entitled to obtain from us restriction of processing where one of the following applies: (a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; (b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; (c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; (d) the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. A data subject who has obtained restriction of processing shall be informed by the controller before the restriction of processing is lifted.Right to data portability
The user is entitled to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where: (a) the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and (b) the processing is carried out by automated means.Right to object
The user is entitled to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.You have the right to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the General Data Protection Regulation (EU) 2016/679 (GDPR).

Disclaimer on Third-Party Websites
Links to third-party websites
When you visit our site, you may be forwarded to third-party internet pages which are not under our control. These links are set up to make it easier for you to use the internet. Please be aware that we are not responsible for the privacy practices or content of such other sites and expressly disclaim any liability for any loss or damage that may be caused by the use of such links. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information.Social media platforms and widgets
We also maintain presences on social media platforms including Facebook, Twitter, Pinterest, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personal data.Customer Obligations
By using our platform, you agree to use any information about any other user in a manner consistent with the "Terms of Service" and the "Privacy Policy".The user of our platform guarantees that the provided information is correct and accurate and is committed to disclose any changes or modifications thereof. The user is the sole responsible for any loss or damage caused to our platform or to any third-party responsible for the platform as a result of incorrect, inaccurate or incomplete information in the login fields.If you currently use a shared computer to access your Smoolis Adminarea, we recommend clearing the browser cache when you log out.Communications
We may periodically email you to inform you about changes in our Services, our Services offerings (discounts), and important service-related announcements such as security and fraud notices. We'll also send you emails related to your transactions. These communications are considered part of the Services and you may not opt-out of them.We may also send you at regular intervals marketing or promotional communications. Such messages are sent only if you subscribe to them and for as long as you wish. You can opt out of receiving subsequent marketing or promotional communications by clicking the link marked unsubscribe (or a similar phrasing) that's included in those communications.We use third-party service providers to assist us in managing and administering communications and emails sent to us through the website and through some Smoolis managed sites. Any personal information disclosed through such communications will be governed by such third-party vendors privacy policy.Changes to the Privacy Policy
We reserve the right to revise or modify this "Privacy Policy", the "Terms of Service" and other policies and agreements at any time and in any way.We will notify you of such changes by posting the revised policies on its homepage anda. will notify you through the Smoolis admin area, or
b. send you an email to the address you provided when creating your account.It is your responsibility to read the "Terms" and the "Privacy Policy" at regular intervals, since the Terms and Privacy Policy in force at the time you use our platform are applicable.Final Provisions
We respect and esteem the users of our platform and their privacy. Therefore, we want to hear from you, if you have any questions, comments or complaints about our privacy practices, or if you want to update, delete, or change any personal information we hold. You can email us at [email protected] or mail us to "Smoolis GmbH, c/o The Hub Zürich Association, Sihlquai 131, 8005 Zürich, Switzerland".