Your data

You may give Calicarpa your personal information by visiting or interacting with the Calicarpa website, especially when filling in forms, corresponding with us by phone, e-mail, or otherwise, or through your employment or contract with Calicarpa. This personal information includes the following data which are referred to in this Privacy Policy as ‘your data’:

Personal information you provide when interacting with the Calicarpa website. This may include your name, title, company, mailing address, email address, phone number, password, resume information, feedback and any other information you choose to provide to us;
Technical data such as your internet protocol (IP) address, your login data, the web page you visited before visiting the Calicarpa website, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Calicarpa website;
Usage data which tells us how you use the Calicarpa website;
Marketing and communication data which tells us your preference in receiving marketing from us and your communication preferences;

Purposes for which we will use your data

We will only use your data when the law allows us to. Most commonly, we will use your data in the following circumstances:

When it is in accordance to the contracts with you.
When it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
When we need to comply with a legal or regulatory obligation.

The specific use cases of your data are the following:

Business. We may use your data to perform legitimate tasks for the Calicarpa business.
Usage. We may use your data, especially usage data and technical data, including the actions you take in your account (such as website visits, page interaction information and search history), to evaluate and improve the Calicarpa website and the Calicarpa products.
Cookies and other technologies. We may use technologies like cookies to provide, improve, protect, and promote the Calicarpa websites and the Calicarpa products. Calicarpa currently does not respond to Do Not Track requests.
Marketing. We may use your data to provide you with updates about Calicarpa we feel may interest you. If you do not want us to use your data in this way, select the 'unsubscribe' link in any e-mail communication from us.
Relationship. We may use your data to manage our relationship with you.

Sharing your data

We may share information as discussed below, but we will not sell it to advertisers or third parties.

Calicarpa uses trusted third parties (i.e. IT services, analytics services, etc.) to help us provide, improve, protect, and promote the Calicarpa website and the Calicarpa products. These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy, and we’ll remain responsible for their handling of your information per our instructions.

The Calicarpa website may include links to third-party websites. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. When you leave the Calicarpa website, we encourage you to read the privacy policies of every website you visit. Please remember that their use of your data will be governed by their privacy policies and terms.

Protecting your data

We only process your data where we have a legal basis for doing so. We review the personal data we hold periodically to ensure it is being lawfully processed.

To perform any transfer of your data to any third party (e.g. suppliers, partners and back office support), we first determine whether there is a legal ground for the transfer, which may include your consent.

We seek to retain your data subject to General Data Protection Regulation ("GDPR") only as long as necessary for the Calicarpa website, products and business, including satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for your data, we consider the amount, nature, and sensitivity of the data, the potential harm from unauthorized use or disclosure of your data, the purposes for which we process your data and whether we can achieve those purposes through other means, and the applicable legal requirements.

We have implemented measures and procedures that protect the privacy of individuals and help ensure that data protection is integral to all processing activities. This includes implementing measures which may include, for example:

Pseudonymization;
Anonymization;
Cyber/data security controls; and
A data retention policy.

Your rights in the European Union

If you are an individual in the European Union, you have certain rights with respect to the access, correction, restriction, and erasure of your personal information stored on our platform at any time. You can exercise any of these rights at any time by contacting us at [javascript required]. Your rights include the following:

Accessing your data. Upon request, we shall provide any information relating to your data and our processing of your data in a concise, transparent, intelligible and easily accessible form using clear and plain language. The information shall be provided in writing or by other means, including, where appropriate, by electronic means within 30 days of a written request.

Correcting your data. You have the right to ask us to rectify any inaccurate or incomplete data on our platform. If we have given your data to any third parties, we will notify those third parties that Calicarpa has received a request to rectify your personal data, unless doing so proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however, we are not in a position to audit those third parties to ensure that the rectification has occurred.

Erasing your data. You can ask us to erase your personal data stored on our platform. If we receive a request to erase your data, we will ask you if you want your personal data to be removed entirely or if you want to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose data we have erased so you may be contacted again by us, should we come into possession of your personal data at a later date. If we have given your personal data to any third parties, we will tell those third parties that Calicarpa has received a request to erase your data, unless this proves impossible or involves a disproportionate effort. Those third parties should also rectify the personal data they hold – however, Calicarpa will not be in a position to audit those third parties to ensure that the rectification has occurred.

Restricting the use of your data. We only process your data where we have the legal basis for doing so. You have the right to ask us to suspend or otherwise restrict the processing of your data, where:

You challenge the accuracy of the data;
The processing is unlawful but you do not want us to erase it;
We no longer need the data for the Calicarpa website, product or business, but you want us to hold it as you need it to establish, exercise, or defend legal claims; or
You have objected to our use of your data, but we need to verify whether we have legitimate grounds to use it.

If we have given the personal data to any third parties, we will tell those third parties that we have received a request to restrict the use of your data, unless this proves impossible or involves a disproportionate effort. Those third parties should also rectify the personal data they hold – however, we will not be in a position to audit those third parties to ensure that the rectification has occurred.

Withdrawing your consent. Where we are relying on consent to process your data (for example consent to receive marketing) you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you.

Your rights outside the European Union

Accessing Account Information. Calicarpa provides you with the means to review your data. To do so, you may contact us by sending an email to [javascript required].

A record of data transfer. Calicarpa will provide the right to request and receive, once a year and free of charge, information about third parties to whom we have disclosed certain types of personal information (if any) about you in the prior calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to [javascript required] and please include the phrase "Personal Information Privacy Request" in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. At our option, we may respond to such requests by providing instructions about how our users can exercise their options to prevent our disclosure of personal information to third parties for their direct marketing purposes.

Upon request, twice a year and free of charge, we shall provide to you any information relating to your data and our processing of your personal information in a concise, transparent, intelligible, and easily accessible form using clear and plain language. To make such a request, please send an email to [javascript required], and please include the phrase "Personal Information Privacy Request" in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. You can also ask us to delete your personal data stored on our platform. If we receive a request to delete your data, we will ask you if you want your data to be removed entirely or if you want to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose data we have deleted so you may be contacted again by us, should we come into possession of your data at a later date.

Requests to know and requests to delete will be honored within 45 days; if more time is needed to respond, Calicarpa will notify you. Calicarpa will respond to your request to delete within 15 days. You may also designate an authorized agent to act on your behalf with regard to a request to know or delete by providing us with a signed letter authorizing the agent to submit a request on your behalf or a valid power of attorney issued.

If you have a disability and require an alternative format to this privacy notice, please email us at [javascript required] so that we may provide you with a more suitable format.

Where we store and transfer your data

The Calicarpa website is controlled by Calicarpa from its offices in Swizterland. Calicarpa may store and use information in Switzerland, France and other jurisdictions; any personal data provided to Calicarpa will be transmitted to or within those jurisdictions. Calicarpa also may transfer information and personal data to other jurisdictions to facilitate Calicarpa's third party processors' access to and/or processing of information and/or personal data.

Individuals in the EU. Whenever we transfer your data outside the European Economic Area ("EEA"), we ensure a similar degree of protection is afforded to it as in the EEA, by using specific contractual clauses approved by the European Commission which give personal data the same protection it has in Europe.

Calicarpa makes no representation that materials on the Calicarpa website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Calicarpa website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

General

This website is provided by Calicarpa (“Calicarpa”, “we”, “us” or “our”) to provide general information about Calicarpa, our products and our product development efforts. Nothing on this website should be construed as an offer to form a binding contract, or as granting any license or transfer of rights. Your use of this website is at your own risk. Notwithstanding any other provision herein, Calicarpa reserves the right, in the event of a violation of these Terms of Use, to protect its rights, property and interests to the maximum extent of the law. Further, Calicarpa may suspend, discontinue or modify the Website at any time for any reason, without notice or any other obligation to you.

Your use of the website and any content on the website

This Website, and the information which it contains, is the property of Calicarpa and its affiliates and licensors, and is protected from unauthorized copying and dissemination by Swiss copyright law, international conventions and other intellectual property laws. All trademarks and logos appearing on the Calicarpa website are the property of their respective owners. Nothing on the Calicarpa website should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights to the Calicarpa website or any content therein, except as expressly provided in the following paragraph. All rights are reserved by the owners of each trademark, service mark, logo or other intellectual property, except as otherwise described in this notice.

You may not access, monitor or copy any content or information on the Calicarpa website using any robot, spider, scraper, web crawler or other automated means or any similar manual process. No part of the Website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, or used to create derivative works, except that we authorize you to view, copy, download and print Calicarpa documents (such as white papers, press releases, data sheets and FAQs) that are made available for public access on the Website; provided that:

such documents shall be used solely for noncommercial, informational purposes;
such documents shall not be modified; and,
no copyright, trademark or other proprietary notices shall be removed, altered or added to such documents.

You represent, warrant and covenant that you shall use the Calicarpa website only as set forth in these Terms of Use. You agree to comply with any other applicable terms and conditions of use set forth on the Calicarpa website. You may not violate the security of the website or attempt to gain unauthorized access to the website or computer systems or networks connected to the website through any means.

In the event you gain access to information or materials not intended to be accessed by you, you agree that you will immediately notify Calicarpa and destroy all copies of such information in your possession.

No warranties

The information provided on the Calicarpa website is provided without warranty of any kind, either expressed or implied. Specifically, but without limitation, Calicarpa does not warrant that:

the Calicarpa website is free of errors;
the content, functions or services provided by Calicarpa will be uninterrupted, secure or free of errors;
defects will be corrected; or
that this website or the server(s) that makes it available are free of viruses or other harmful components.

Calicarpa and its affiliates and licensors cannot and do not guarantee that your data will not be misappropriated, intercepted, deleted, destroyed or used by others.

Disclaimer. In no event shall Calicarpa be liable to you, any other user of this website, third-party providers or any other person or entity for any special, incidental, punitive, consequential, exemplary or other indirect damages (including without limitation damages for loss of profits, loss of data, loss of use or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the Calicarpa products, whether based upon warranty, contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or losses.

Limitation. Calicarpa's aggregate liability for all claims arising from these terms of use shall not exceed the greater of:

1.00 CHF, or
the aggregate amount you have paid to us, if any, in the then-prior twelve (12) month period.

Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Location

Calicarpa maintains the Calicarpa website from our offices in Switzerland, and its servers are located in France. The Calicarpa website is intended to be accessed from Switzerland and France, and the information contained in the website is intended to be used within these two countries. We make no representations that the Calicarpa website is appropriate or available for access or use in other countries. If you access the Calicarpa website from another country, you do so on your own volition and are responsible for compliance with laws applicable to such access.

Monitoring and privacy

We monitor access to the Calicarpa website. The requesting URLs, the machine originating the request and the time of the request may be logged for access statistics and security purposes. By using the Calicarpa website, you consent to such general monitoring. If you submit any information (including personal information) to the Calicarpa website, such information will be subject to the Calicarpa privacy policy, which is available through the Calicarpa website. Our privacy policy is hereby incorporated by reference into these Terms of Use.

Product availability

Information that Calicarpa publishes on the Calicarpa website may contain references or cross references to products that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Calicarpa intends to announce or make available such products or services to the general public or in your country.

Social media

We may utilize social media accounts or pages from time to time. Our social media pages are designed to facilitate conversations about Calicarpa’s business and advances in machine learning, artificial intelligence and cybersecurity. Such social media pages are not to be used as forums for discussing specific products (whether Calicarpa's products or another company’s products). If you have questions or you need to reach us directly, please contact us using the information below. Calicarpa is not responsible for any posts by third parties, and any posts referencing Calicarpa do not necessarily reflect Calicarpa’s views. Calicarpa reserves the right to remove content from its social media pages or block users who post inappropriate content, including, without limitation, statements about unapproved uses of Calicarpa products or statements that contain information that is confidential, offensive, misleading or infringes a copyright.

Investment disclaimer

All content on the Calicarpa website is for informational purposes only and no content is intended to be relied upon for trading or investment purposes. Calicarpa will not be responsible for any trading or investment decisions made based on such content. Neither the Calicarpa website nor the information contained herein constitutes or is intended to constitute an invitation or offer to invest or deal in the securities of Calicarpa.

Disclaimer of accuracy, completeness and currency

While Calicarpa may periodically update or correct information presented on the Calicarpa Website, such information may include typographical errors and/or technical inaccuracies and/or omissions. Calicarpa makes no representation or warranty as to the accuracy, completeness or currency of any information on the Calicarpa website, and expressly disclaims any obligation to update or correct such information. Calicarpa also reserves the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice.

Your submission responsibility

You are solely responsible for any information you send to Calicarpa, including accuracy, truthfulness and non-infringement or other violation of any other person’s legal rights. Any communication or material that you transmit to the Calicarpa website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and non-proprietary information. Calicarpa may use such communication or material for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, Calicarpa is free, without payment of compensation to you, to use any ideas, concepts, know-how or techniques contained in any communication or material you send to us, whether through the Calicarpa website, phone, e-mail or otherwise, for any purpose.

Links to other websites

The Calicarpa website may contain links to websites maintained by other companies. Calicarpa provides any such links to you only as a convenience. The inclusion of any link does not imply that Calicarpa endorses any third-party website or third-party company or product. Calicarpa does not have any control over the content of such third-party websites and assumes no responsibility whatsoever for the functionality of such websites or for the accuracy of any information presented at such other websites.

Applicable law

The Calicarpa website can be accessed from Switzerland, as well as from other countries around the world. Each of those places has laws that may differ from those of Switzerland, where Calicarpa’s corporate office is located. By accessing the Calicarpa website, you and Calicarpa agree that the laws of Switzerland, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of this Website or any information it contains. With respect to such disputes, you and Calicarpa also agree and hereby submit to the exclusive personal jurisdiction and venue of any court located in Switzerland.

Miscellaneous

You may not assign or transfer your rights or obligations under these Terms of Use in whole or in part to any third party without our consent. These Terms of Use shall bind and inure to the benefit of the parties to these Terms of Use and their respective successors and permitted assigns. We and you are independent contractors and are not partners, joint ventures, agents, employees or representatives of the other party. These Terms of Use contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms of Use on the Calicarpa website. The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms of Use is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Changes to the notice

Calicarpa reserves the right to change these Terms of Use for any reason, which shall be effected by posting of the updated Terms of Use to the Calicarpa website; provided that any such changes shall only apply to your use of the Calicarpa website after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through, signed agreement or otherwise.