SmatchMe SA (“SmatchMe”) has developed a platform accessible on a website at www.smatchme.net or in the form of an application for mobile devices (App), designed to bring together tennis enthusiasts, in order to to allow them to find (“match”), nearby, tennis masters, find other players or available fields (hereafter, the “Platform”).

This Privacy Policy contains the information that governs the processing of users’ personal data (henceforth referred to as the “User”) who use the Platform.

The data controller is SmatchMe SA – CHE362362301 with registered office in Via A. Volta, 16 Chiasso (CH), email: privacy@Smatchme.net

This Privacy Policy is to be considered an integral and substantial part of the Terms of Use of the SmatchMe App and of the www.smatchme.net website (“Site”).

The information contained in the Privacy Policy is extended in accordance with Article 13 of the Legislative Decree of June 30, 2003 no. 196 and following mod. – (the “Privacy Code”) and Article 13 of EU Regulation 2016/679 (“GDPR”) to all Users who access and use the Platform and / or use the services of SmatchMe. This Policy refers only to the use of the SmatchMe Platform and to no other third party site and platform, although referred to in any way within the SmatchMe Platform.

Any changes will come into effect immediately and will apply only to Users who use the Platform after the date of such modification. Consequently, we invite you to refer to it whenever you visit our Platform to learn about its latest version available on the Site.

 

Version of May 10, 2019

 

Definition of Data

“Data (s) Personnel (s)” or “Data”: means (no) any information relating to an identified or identifiable natural person that can be identified, directly or indirectly, in particular by reference to an identifier, such as for example a name, an identification number, location data, an online identifier, and one or more elements specific to its physical, physiological, genetic, psychic, economic, cultural or social identity. Consequently, the data we collect may include your strictly personal data, as they allow you to identify yourself as a particular person. Conversely, some data does not allow us to identify you directly, such as your profession or your navigation data (the type of navigator, Terminal and operating system, the path followed on the Site, etc.) but are still considered as Data Personal as they lead back and / or are attributable to the former.

 

  1. Purposes of data processing

Data entered by the User at the time of registration and during the use of the services offered by SmatchMe and will be used for purposes strictly inherent with the purpose indicated by SmatchMe at the time of data collection itself. More precisely to allow the Owner to provide his services, as well as for the following purposes: registration and authentication, user bulletin board, search for the nearest club, create the match, find the player or teacher, interaction with social networks and external platforms, advertising , interaction with live chat platforms, management of support and contact requests, remarketing and behavioral targeting, hosting and backend infrastructure, backup and management of backups, heat mapping and session recording, interactions with online survey platforms, social features, interaction with support and feedback platforms and interaction with data collection platforms and other third parties.

The User’s personal data may also be used by SmatchMe and by third parties authorized by it to fulfill all the accounting and tax obligations related to the purchase of the services and to complete all the activities strictly related and preparatory to managing relations with the user.

In the event that the User has given consent, such personal data could be used for other purposes relating to the provision of services:

i) sending promotions, offers and suggestions;

ii) verification of User satisfaction;

iii) sending promotional and / or advertising information relating to other activities of SmatchMe and its Partners;

iv) carrying out market research;

v) offer you tournaments, playgrounds, clubs and other services close to your geographical location.

 

2. Processing methods

All the User data collected will be treated exclusively and with due expertise by persons specifically charged with this task and specifically instructed in the matter. The purposes of the processing are those for which the data were collected, mainly with electronic and IT tools.

The data will be stored on computer and paper media, as well as on any other support deemed suitable and respectful of the security measures imposed by the applicable regulations. The data is stored in such a way as to make it possible to identify the User in the minimum time necessary to reach the objectives for which they were collected and then processed and, in any case, always in compliance with the law. Any damage caused by causes not directly attributable to SmatchMe such as inaccessibility of services, unavailability of the playing fields and unavailability of the maestro and other users or computer problems such as damaged files, interruption of internet or telephone connections, or other causes similar to the cases listed above are not attributable to SmatchMe.

Furthermore, the User is obliged to keep all personal information strictly connected to the Platform, such as access credentials or other data, diligently and responsibly. Any possible subtraction or improper use of these data, and the consequences deriving from these events are the full responsibility of the User.

The Data are processed at the Data Controller’s operating offices and in any other place where the parties involved in the processing are located. For further information you can contact the owner.

 

  1. Nature of data acquisition

The personal data requested by SmatchMe may be mandatory or optional.

Failure by the User to provide mandatory data will result in failure to fulfill the purposes for which they were requested.

The compilation of optional data, on the other hand, is entirely subject to the discretion of the User who can choose whether to provide them or not. In this case, the refusal does not entail any consequence in the execution of the purposes indicated at the time of the request.

The User is also responsible for the constant updating of such data, so as to allow SmatchMe to exercise all services effectively and efficiently without incurring delays, errors or additional charges arising from the failure to update such data.

In particular, SmatchMe collects the Data that you voluntarily declare starting from a collection form on the Platform (Name, Surname, Email, Sex, Type of player, date of birth, position, clubs belonging, ranking, mobile number) including, if applicable, the socio-information professionals (for example, your profile, your surname, traditional name, names, gender, date of birth, godfather and / or delivery address, profession).

 

  1. Communication of data

Communication of the User’s personal data to third parties is subject to compliance with the legal limits imposed and the purposes stated and provided for in point 1

The third parties involved fall into the following categories:

i) subjects external to SmatchMe (such as third party technical service providers, hosting providers, tennis clubs, IT companies, communication agencies) appointed, if necessary, to be responsible for processing by the Owner. The updated list of those responsible can always be requested from the Data Controller;

ii) the internal subjects appointed by SmatchMe for the management of the services (administrative, commercial, marketing, legal, system administrators);

iii) credit institutions, insurance companies and the company (s) in charge of managing payments, including electronic ones;

iv) any other parties to whom SmatchMe has given the possibility of accessing the data, always in compliance with the provisions of the law or regulations.

v) associated companies, related companies and offices associated with our Company,

Finally, the User’s personal data may be used for competitions and / or participation in prizes, for sending advertising and promotional material concerning the App and SmatchMe Partners, only with the explicit and voluntary consent expressed by the User.

 

  1. Consent to processing

In cases where the processing of the data requires the explicit and voluntary consent of the User, it will be collected in a specific way with clarification of the individual purposes pursued.

It is specified that Article 6 of the GDPR provides for cases in which the processing of data does not require the express authorization of the User, such as for example the fulfillment of legal or contractual obligations assumed towards the User.

 

  1. Rights of the interested party

The User has the right to request at any time confirmation of the existence of personal data concerning him, pursuant to articles 12 and following of the GDPR.

In accordance with the Personal Data Regulation in particular, you benefit from the following Specific Rights of:

– access (Article 15 of the RGPD),

– correction (Article 16 of the RGPD),

– cancellation (article 17 of the RGPD),

– limitation of treatment (Article 18 of the RGPD)

– transferability (article 20 of the RGPD)

– opposition (articles 21 and 22 of the RGPD)

– post-mortem directives (Law n. 78-17 of 6 January 1978 relating to information technology, files and freedoms);

 

Access rights

You have the possibility to obtain from SmatchMe the confirmation that the data concerning you are or are not processed and, if they are, access to such data and to the following information:

  • the purposes of the processing;
  • the categories of data;
  • the recipients or categories of recipients to whom the data are or will be communicated;
  • when possible, the expected data retention period or, when this is not possible, the criteria used to determine duration dates;
  • the existence of the right to ask SmatchMe to correct or delete data, or to limit the processing of your data, or the right to oppose such processing;
  • when the data is not collected by you, any information available regarding their source;

When data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate guarantees relating to such transfer.

Adjustment rights

You have the possibility to obtain from SmatchMe, as soon as possible, the correction of the data concerning you and that are inaccurate. You can also ask for incomplete data to be completed, even if a supplementary declaration is required.

Cancellation rights

You have the possibility to obtain from SmatchMe the cancellation, as soon as possible, of data concerning you when for one of the following reasons:

  • the data are no longer necessary in light of the purposes for which they were collected or otherwise treated by SmatchMe;
  • you have withdrawn your consent to the processing of this data and there is no other legal basis for the processing;
  • exercise your right to object in the conditions set out below and there is no legitimate imperative reason for processing;
  • the data has been subject to unlawful processing;
  • the data must be deleted to comply with a legal obligation;
  • the data was provided by a child.

Rights to limitation

You have the possibility of obtaining from SmatchMe the limitation of the processing of your data in the application of one of the following reasons:

  • SmatchMe verifies the accuracy of the data following your dispute of the accuracy of the data.
  • The processing is illicit and you oppose the deletion of data by requiring in its place the limitation of their use;
  • SmatchMe no longer needs the data for the purposes of their treatment but they are still necessary for the verification, the exercise and / or the defense of the rights in justice;
  • You objected to the processing in the conditions set out below and SmatchMe checks to see if the legitimate reasons pursued prevail over the reasons given.

Right to data portability

You have the option of receiving data from SmatchMe about you in a structured format, currently used and readable on a device when:

  • The processing of data is based on consent and / or a contract, and
  • The processing is carried out with the help of automated procedures.

When you exercise your right to portability you have the right to have the data transmitted directly by SmatchMe to a data controller that you can designate as technically possible.

Right of opposition

You have the right to object at any time, for reasons relating to your particular situation, to a processing of data concerning you based on the legitimate interest of SmatchMe. In this case, SmatchMe will no longer treat the data, unless it demonstrates that there are legitimate and compelling reasons for processing that prevail over your interests and your rights and freedoms, or you can keep them for the purpose of finding it; the exercise or defense of rights in justice.

When the data is processed for prospecting purposes, you can at any time oppose the processing of these data starting from the paragraph

Finally, the User has the right to object, in whole or in part for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of collection and to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.

To exercise the rights, the User may contact the following addresses: SmatchMe [SmatchMe SA – CHE362362301 with registered office at Via A. Volta, 16 Chiasso (CH)] email: privacy@smatchme.net

 

  1. Data Controller

The data controller of the personal data of the Users who use the App or the Site is SmatchMe SA – CHE362362301 with registered office in Via A. Volta, 16 Chiasso (CH).

To exercise their rights and for any further information regarding data processing, the User may contact the Data Controller at the following addresses: SmatchMe SA – Via A. Volta, 16 Chiasso (CH), email: privacy @ Smatchme.net

 

  1. Data retention duration

Your Personal Data is stored on an active basis for a period of three (3) years starting from your last activity on the Platform or on an electronic communication medium (particularly an e-mail message). After this deadline, your profile is considered “inactive” and will be automatically deactivated. It is therefore up to you to create a new one.

We can cancel them at any time by simple request from you.

However, at the end of the aforementioned periods, and if necessary, based on your request for cancellation, your Personal Data may be subject to intermediate storage to satisfy our legal, accounting and tax obligations.

 

  1. Social networks

SmatchMe is present on the Social Networks. For more information on the protection of your data while browsing these social networks, we invite you to consult their respective privacy policies.

To enable us to proceed with an easier registration or connection to our Platform, you may be able to authenticate via a Social Network. Just click on the dedicated button to automatically fill in your registration form on the Platform based on the information you have already provided to the Social Network. On our part and as a recipient, we can collect information when you browse our Social Network pages or use their authentication features.

In particular, SmatchMe can request some Facebook permissions that allow you to perform actions with the user’s Facebook account and to collect information, including data, from it also for registration purposes. This service allows SmatchMe to connect with the User’s account on the Facebook social network, provided by Facebook Inc. For more information, the User must refer to the Facebook permissions documentation and to the Facebook privacy policy on the social network page.

 

COOKIES POLICY

A “cookie” is a connection marker that designates a text file that can be registered, based on your choices, in a dedicated space on your Terminal’s hard disk, when you visit the Site. A cookie file allows those who issues identification of the Terminal in which it is registered, for the duration of validity or registration of the cookie, so it must be considered as a Personal Data.

When you connect on our Site, we may be induced, based on your choices, to install several Cookies in your Terminal that allow you to recognize the navigator of your Terminal during the period of validity of the Cookie in question.

No personal user data is acquired by the site in this regard.

We do not use cookies to transmit information of a personal nature, nor are c.d. persistent cookies of any kind, or systems for tracking users.

The use of c.d. Session cookies (which are not stored permanently on the user’s computer and disappear when the browser is closed) are strictly limited to transmitting session identifiers (consisting of random numbers generated by the server) necessary to enable secure browsing and efficient site.

I c.d. Session cookies used on this site avoid the use of other IT techniques that are potentially prejudicial to the privacy of users’ browsing and do not allow the acquisition of personal identification data of the user.

 

Third-party cookies.

The use of third-party cookies (temporary and permanent) by the site is only anonymous and aimed solely at allowing the owner to use web analytics services provided by third parties. These cookies allow information to be collected and recorded anonymously on the pages of the site consulted, but do not allow the visitor to be identified, and are in no way combined with other information. These data are used exclusively to track and examine the use of the sites by users, compile statistics based on information collected anonymously and through the use of data in aggregate form.

In particular, we inform users that the web analytics service that issues cookies used by the owner is “Google Analytics”, described below.

Google Analytics is a web analytics service provided by Google, Inc. (“Google”) that uses “cookies”, which are stored on the user’s computer to allow the website visited to analyze how users use it. The information generated by the cookie about the use of the website visited by the user (including the IP address) will be transmitted to Google, and stored on Google’s servers in the United States. Google will use this information for the purpose of tracking and examining your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage . Google may also transfer this information to third parties where this is required by law or where such third parties process the information on Google’s behalf. Google will not associate the user’s IP addresses with any other data held by Google. The user can, at any time, refuse to use cookies by selecting the appropriate setting on his browser.

By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. To consult the privacy policy of Google, relating to the Google Analytics service, please visit the website https://policies.google.com/privacy

 

Protection of minors

Unless specifically stated otherwise the services of the Platform are intended for a general public. We recognize a special obligation to protect personal information obtained from young children. Therefore, in order for children under the age of 16 to register in any service, we request that the child provide the e-mail address, or other contact information, of a parent or guardian who will be contacted by SmatchMe to inform him, to confirm, to modify or to refuse the registration of his / her own child. SmatchMe reserves the right to request a written test of the authorization of the parent or guardian at any time. Until the parent or guardian responds to the SmatchMe e-mail, according to SmatchMe instructions, the use of the services by the child may be limited.

The User acknowledges and accepts that any reference on the Platform or services to “verified” information, or any similar term, only means that a User has successfully passed the verification procedure existing on the Platform or services in order to provide additional information relating to the User with whom you are considering playing. SmatchMe cannot guarantee the truthfulness, reliability or validity of the information subject to the verification procedure.

As an intermediary, SmatchMe cannot be held responsible for the actual occurrence of a match, and in particular due to:

(i) incorrect information communicated by the User;

(ii) cancellation or modification of a match by a User;

(iii) behavior of its Users during, before or after the match.