1 – Introduction
Flamingo SA (en cours de création)
Basel, Switzerland
Flamingo SA (hereinafter referred to as «Flamingo» or «we») operates the Flamingo platform.
Flamingo is the controller and therefore responsible for the collection, processing, and use of your personal data, as well as the handling of this personal data in accordance with applicable laws. This Privacy Notice governs the processing of personal data of visitors, project owners, and donators (collectively referred to as «Users») of Flamingo’s websites. Data protection and data security are a priority for Flamingo. We adhere to the Swiss Data Protection Act and the EU General Data Protection Regulation for Users located in the EU or the EEA.
2 – Personal data that we process
2.1 – Use of our Services
In connection with the use of our platform Flamingo and the provision of our services, we and/or our service providers (system, hosting, distribution partners) collect and process your contact details as a project owner or donator, which you provide to us by registering. This includes, at a minimum, your first name, last name, gender, email address, as well as information about means of payment. We process this personal data in connection with the execution of the contract and the provision of our services.
2.2 – Receipt of our Newsletters
From time to time, we may send our Users news about projects, our company, our services, as well as third-party projects, provided that you have signed up for the newsletter. You can unsubscribe from the newsletter at any time by using the unsubscribe link provided in each newsletter or by sending a message to contact@flamingo.eco. The emails may be sent with graphics that allow for individual measurements, such as delivery, open, and click-through rates. Additionally, the emails may contain links that allow for personal analysis. These analyses are used for quality assurance of the newsletter and to better respond to the readers’ interests. The data (email address, name if applicable, IP address, date, and time of your registration) is stored on servers of the third-party provider that we use for the distribution of our newsletters. However, personal data may not be used by this third-party provider for purposes other than the distribution of our newsletter on our behalf.
2.3 – Use of our Contact Form
Users have the option to contact us via a contact form. To use the contact form, it is necessary to enter your name and email address. The personal data submitted by Users via the online form will be processed to address the Users personally, forwarding to the correct contact person, and for processing and answering the request. Any further processing will only take place with your express consent. By using the contact form, you give your consent to the processing of the personal data that you provide to us.
3 – Technical data
3.1 – Basic
The servers on which we host our website temporarily log and store technical data that is usually necessary to connect to a web server. This technical data includes the IP address and the operating system of your device, the browser with which you access our website, the date and time of your visit and use of our website, the website from which you accessed our website (referrer URL), the name of your access provider, and the last accessed website in the same browser window. We process this data to make our website available to you, to offer you the best possible user experience, and to guarantee the accessibility, stability, and security of our website. As a rule, this does not involve the processing of personal data, but if such data is deemed personal data, we have a legitimate interest in processing it.
3.2 – Cookies
We use cookies on our websites. These are small text files that are stored on the User’s device. They store information about how our website is used so that we can analyze, manage, develop, and improve our services and provide you with the best possible user experience. Cookies are data that is downloaded to your device when you visit a website. Some of them, called session cookies, are necessary to enable you to use certain functions. Users can use personal settings in their browser to determine whether they accept or deactivate cookies or other tracking technologies, or whether they wish to be warned about the use of these technologies. For more information, please use your browser’s help function. Blocking or disabling features may limit or exclude the use of the website. Most internet browsers automatically accept cookies. However, you can configure your browser to not store cookies on your device or to receive a notice every time a new cookie is received. Please note that disabling cookies may prevent you from using all the features of our websites.
3.3 – Analytics
We may use third-party services on our website to evaluate the use of our website, compile reports on website activity, and obtain information to improve our services. This gives us a better understanding of our Users’ experiences (e.g., how much time our Users spend on which pages, which links they click on, etc.). Cookies are stored on the User’s device to collect information about the User’s behavior and their devices. In particular, the IP address of the device (collected and stored in anonymous form), screen size, device type (unique device identifiers), information about the browser used, location (country only), and the preferred language for viewing our website. Information may also be collected about the use of mouse and keyboard buttons, the date and time of the visit, and the pages visited. We have a legitimate interest in such processing. We only use the services with IP anonymization activated. This means that IP addresses are processed in a shortened form, and a direct reference to individuals is excluded. You can object to the storage of a user profile and information about your visit to our website and the setting of tracking cookies on the websites of these third-party companies indicated in the transparency notice.
3.4 – Social Plugins
Flamingo uses social plugins («plugins») from various social networks. When you visit a website that contains plugins, your browser establishes a direct connection with the servers of the respective social network. The content of the plugins is transmitted directly to your browser by the respective social network and integrated into the website by the browser. By integrating the plugins, the social network receives information about how your device used by the User accessed the website. If you are logged into the respective social network, your visit to our website will be associated with your account on respective social network. If you interact with the plugins, the corresponding information is transmitted directly to the respective social network and stored there. We do not receive any information about the content of the transmitted data or its use by the respective social network. The purpose and scope of the data collection and the further processing and use of the data by the respective social network as well as the related rights and settings options for protecting the privacy of the User are governed by the privacy policy of the respective social network.
4 – Purposes of the processing of personal data
Flamingo collects and processes personal data for purposes necessary to meet its objectives, including:
- For the fulfillment of the contract and the provision of our services, in particular the provision of the crowddonating services on Flamingo, for the provision of services to Users, for the creation, maintenance and updating of User accounts (account management and access control), for the provision of data when registering a project or supporting a project, and for the publication of project support on our website. Supporters can choose to anonymize their support of a project.
- For advertising and marketing, such as sending newsletters about current projects and marketing mailings for projects of partners of Flamingo, provided that Users have not opted out of such mailings;
- For operating, securing, maintaining, and further developing our website, services, offers, and systems.
- For payment processing;
- For individual communication with Users of Flamingo services, such as inquiries and our response thereto;
- For statistical evaluations, analyses and documentation, reports and public relations;
- To comply with legal requirements and Flamingo’s own usage policies, to pursue and enforce rights, to defend and assert legal claims, to fight abuse, fraud and money laundering, for the purposes of legal investigations or procedures to respond to requests from authorities;
- In the sale or purchase of companies and other corporate transactions and the related transfer of Users’ data; and
- For other purposes, insofar as a legal obligation requires the processing or these were recognizable or indicated from the circumstances at the time of the data collection.
The analysis of technical data for the ongoing optimization of the Flamingo website takes place on an anonymous and aggregated basis.
5 – Disclosure to third parties
As a matter of principle, we do not disclose your data to third parties. Your data or contact information will only be disclosed to third parties if the data is public, if it is necessary in connection with the use or provision of our services, if the disclosure of data is necessary for the processing of contractual relationships with you, if the disclosure is necessary for the assertion, exercise, or defense of our legal claims, if it is done to comply with legal obligations or official requirements, or if it is permitted by law. In addition, we use third-party software to send out our newsletters. By signing up to receive our newsletters, you consent to the transfer of your data to these third parties for the purpose of sending such newsletters.
6 – Cross-Border Data Transfer
In connection with the transfer of data to third parties, it is possible that your data may be processed not only in Switzerland but also abroad. If the legal data protection framework in the recipient country is inadequate compared to Swiss Data Protection Laws, we will take appropriate measures to ensure that the transfer can take place (e.g. by concluding standard contractual clauses) or that another legal option is available (e.g. you give us your consent).
7 – Storage period and retention period
We store personal data only as long as necessary to provide you with the services you have requested or for purposes for which you have given your consent. Please note that certain data may be subject to special statutory retention periods and we are obliged to store the data until the end of such a retention period. Business communications or contracts, for example, must be stored for up to 10 years in accordance with Swiss law. After that, the data may be deleted from our systems.
8 – Links to third party websites
Flamingo websites and services may contain links to third-party websites, products, and services. Please note that this Privacy Notice does not apply to third-party websites that may be accessed through our links. We encourage you to review the privacy notices of those third parties as we have no control over how these companies comply with privacy requirements.
9 – Your rights
Users are entitled to certain rights under the applicable data protection laws. In particular, you can make use of the rights listed below. To exercise these rights, please contact us under the contact information indicated below.
9.1 – Information / Access Request
Users have the right to submit a request for information (known as a data subject access request). Upon receiving such a request, we will provide information on all personal data processed concerning the User, including available information about the origin of the data, the purpose and categories of processed personal data, parties involved in the processing and data recipients, as well as any other legally required information.
9.2 – Correction and Deletion
Users have the right to request the correction of incorrect data or the deletion of their data. When a data record is deleted, all personal data of the User will be deleted unless the deletion is not possible due to a legal or contractual obligation to retain data.
Anonymized data of Users may be retained in our database and processed for statistical evaluations.
9.3 – Right to Restriction of Processing
Under certain circumstances, Users have the right to request that the processing of their personal data be restricted.
9.4 – Right of Withdrawal
Users have the right to revoke their consent at any time. However, data processed prior to the withdrawal, which was processed based on the consent, does not become unlawful through withdrawal.
9.5 – Right of Complaint
If you are a resident of a member state of the EU or the EEA, you have the right to lodge a complaint with a competent supervisory authority if you believe our processing is illegal. In Switzerland, you can file a complaint with the Federal Data Protection and Information Commissioner.
10 – Data security and safety notice
We use technical and organizational security measures to protect personal data from unauthorized access, manipulation, loss, and destruction, and we regularly review these measures. However, we cannot guarantee confidentiality for data transmitted electronically (e.g. by email). The internet, websites, and the electronic transmission of data are generally considered insecure in terms of confidentiality and data security. Unauthorized third parties may access information exchanged via the aforementioned channels, and data may be damaged or its content changed. We exclude liability for the security of electronically transmitted data.
11 – Changes to the Privacy Notice
We reserve the right to adapt this Privacy Notice in order to address the statutory and factual circumstances at any time. Therefore, please regularly check the currently valid Privacy Notice published on our website.
12 – Contact
If you have any questions regarding data protection or if you wish to exercise your rights, please contact us at contact@flamingo.eco.
Current version of the Privacy Notice: 16 September 2024
