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Malama Mobile Application Privacy Policy, Terms & Conditions
I. Table of Contents
1. Introduction
2. Definition and Collection of Data
2.1 Definitions
2.1.1 Personal Data
2.1.2 Non-Personal Data
2.2 Collection of Data
2.2.1 Personal Data
2.2.2 Non-Personal Data
3. Use of Data
3.1 Personal Data
3.2 Non-Personal Data
4. Cookies
4.1 Definition
4.2 Use of Cookies
5. Tracking and Location technology
5.1 Definitions
5.2 Use
6. Images
7. Application
7.1 Use
8. Data Security
8.2 Definition
8.3 Security
9. Data Retention
10. Users Rights
10.1 Access
10.2 Rectify
10.3 Deletion
10.4 Blocking
10.5 Steps
11. Advertising
12. Contact
13. Final Statements
1. Introduction
As the operator of the Malama-Application and Portal, Mrs. Lucie Sauvain, whose head office is located at the Route de Montana 27c, 3974 Mollen (Switzerland), respects the privacy and personality of the users accessing her Application and Portal. Within this context the personal and non-personal data that is collected and processed during the use of the application and or portal is in strict accordance with the following guidelines as well as mentioned data protection laws and regulations.
For any questions about our privacy policy please refer to section 10.
2. Definition and Collection of Data
2.1 Definitions
2.1.1 Personal Data
Personal Data is data that relates to a user’s identity and can give information about the user’s personal identity. Examples of such data include, surname, first name, middle name, telephone number, date of birth.
We are in compliance with Swiss data protection laws and regulations as well as, where applicable, those of the European Union. We are transparent towards our users in regard to the personal and non-personal data we collect, store and process. We only process personal data that is supplied by the users when using our application or portal, e.g.
- A request for a listing in our therapy directory
If we no longer process the user data and are no longer legally required to retain and store it, or if the user no longer wishes us to hold and/or process such data, we are able to cease to do so.
Users have the ability to request to be informed about the storing and processing of personal and non-personal data or to object to certain data being stored and processed. To find out about the users rights, see section 9.
2.1.2 Non-Personal Data
Non-personal data is data that is created while browsing our application and or platform. The data does not allow a direct link to a user’s person, i.e. their identity. We under no circumstances will ever link personal and non-personal data together, therefore the user’s non-personal data remains completely anonymous to us. Malama reserves the right to collect and process this data using various technologies.
2.2 Collection of Data
2.2.1 Personal Data
Personal data collection and processing only happens when a user fills out a form, or similar, on our application and or platform.
Data stored can contain but is not limited to information such as, surname, first name, middle name, date of birth, email and telephone number.
In addition the users IP address is recorded during every visit and must be retained and disclosed in accordance with the applicable legal laws and regulations if a request is made by the relevant authorities.
There will be a thorough examination before such data is disclosed to the relevant authorities.
2.2.2 Non-Personal Data
When browsing our application and/or platform a user will generate non-personal data. This data is collected by Malama using various technologies.
Non-personal data includes but is not limited to, time spent on the application and/or platform, clicks and such information.
3. Use of Data
Neither personal nor non-personal data is transferred or sold to third parties outside of the Malama application and/or Platform.
Malama reserves the right to disclose data under laws and requirements should an authority request the data. The data requested is thoroughly examined in order to ensure the request is legal and no data is disclosed that doesn’t need to be. Examples of such a request can be, but are not limited to, prosecutions and discovery of illegal activities.
3.1 Personal Data
By providing us with personal data, users agree that the operator of the application and the platform may process this data for the following purposes:
● Execute and Satisfy contractual or legal obligations
● Check authorisation and manage user accounts (Backend Administration)
● To inform about updates or changes to our products, services or events as well as changes to our Privacy Policy and ToS, etc.
● Combat fraud
● Creation of invoices
● Develop and maintain customer relations
● Marketing purposes
3.2 Non-Personal Data
Non-personal data is collected and processed in order to continuously improve the users’ browsing experience and in order to improve our services, as well as to tailor our application and platform to best suit the users needs. This data allows Malama to analyse traffic, to compile statistics on our application and platform as well as to tailor our ads and services. The data is also collected and processed in order to provide the user with relevant advertising.
By accepting this privacy policy the users automatically agree to the use of non-personal data for the the following purposes:
● Conducting audience analysis, market research and in order to publish statistics
● Design and flow improvements
● Improvement of offers and services
● Analysis of user behaviour
● Targeted advertising by Malama or a third party (with whom Malama may work) on our application and or portal.
4. Cookies
4.1 Definition
A cookie is a file composed of a set of characters that is sent to a user’s device when the user visits our application and/or platform. The cookie allows the application and/or platform to recognise the user on subsequent visits.
These cookies are stored within a web browser such as Firefox, Google Chrome, etc.
Most web browsers automatically accept and store cookies. A user can however, if they wish to do so, configure their browser to not accept and store cookies, or to inform the user when new cookies are formed and stored.
All of our services can in principle be used without the usage and storage of cookies, however certain functions and features may be limited to the user.
The deactivation of the storage of the cookies must be performed by the user themselves and cannot be undertaken by Malama under any circumstances.
4.2 Use of Cookies
Cookies allow us to observe and analyse the behaviour of users and to store useful data to facilitate the users’ future browsing experience.
On the basis of statistical cookie data, we are able to carry out analyses and make the necessary improvements in order to make the users browsing experience on our application and platform more pleasant and efficient.
Cookies allow us to better target our advertisements on other sites and on social networks such as Facebook, etc.
5. Tracking and Location technology
5.1 Definitions
The Malama application and platform use various technologies for the anonymous analysis of users in order to continuously improve our application and platform.
Google Analytics, Google Tag Manager, Ad Manager, Newrelic, the IP Label probe and other internal tools are used for the analysis of non-personal data for the use of the application and or portal.
Information relating to the operating system, browser, geographic location (Country of IP only), the pages visited as well as interaction (e.g. number of clicks, location of clicks etc.) and various response times of the pages visited are recorded.
5.2 Use
Non-personal location data is used for statistics and improvements to the application and platform.
The only personal location data that can be stored and processed is the location data that is provided to Malama through forms, and such, by the users themselves or by the means of accepting the options in the application . This personal location data may include but is not limited to, location of the user and services, etc.
Malama does not under any circumstances transfer or sell any personal location data.
The application and/or platform will never access the user's location in the background.
6. Images
Images can be uploaded by users in order to create a visually more impressive profile. These pictures are stored only for the reason of maintaining them on the application and platform.
Malama will under no circumstances transfer or sell these Images to third parties.
The images uploaded may be changed at any time. The images that are no longer needed will be removed from our system as soon as we are no longer legally required to continue to store them.
Users may request to have images changed or removed by Malama at any time, for more information refer to section 9.
Application
6.1 Use
When users use our application, we obtain technical information about the users device as well as data about the use of the application itself. This data is collected in order to create statistics and for continuous improvement of the application.
7. Data Security
7.1 Definition
Data security and information security refers to the continued effort to ensure confidentiality, integrity and availability of all data collected and processed by Malama.
This included the application and platform itself as well as all personal and non personal data.
7.2 Security
All of our employees and our partners for hosting our infrastructure do their utmost to ensure the confidentiality, integrity and availability of all data that is collected and processed on our platform. We are constantly changing and optimising processes and tools to prevent any intentional or unintentional, illegal and unauthorised manipulation, modification, intrusion, deletion and transmission of users data.
All of our employees and partners are bound to secrecy and to comply with legal provisions on data protection.
Absolute security can never be guaranteed however, and the users use our application and platform at their own risk.
8. Data Retention
All personal data is kept in a form that is only identifiable by Malama and the application and platform for the extent required by and for the duration of the subscribed services. After that time period has passed any data that Malama is not required by law to retain is removed.
Malama reserves the right to retain data beyond this period and disclose to the competent authorities in compliance with the applicable legal requirements should a particular request be made, or should suspicious or illegal activity take place.
Malama thoroughly examines all requests made by the authorities in order to ensure users data is not disclosed without absolute necessity.
9. Users’ Rights
The Users’ data is their own. They have the right at any time to know what is happening with their data and to decide what happens with it. Under the Data Protection Act, users have the following rights.
9.1 Access
Users have the right to know at any time whether our application or platform collects and/or processes personal data belonging to them and what is being collected and processed.
9.2 Rectify
Users have the right to have their personal data corrected at any time if they notice that we are processing incorrect data belonging to them.
9.3 Deletion
If the processing of users’ personal data is no longer necessary, e.g. because a user is no longer contractually bound to the application or platform, or the user no longer agrees to the processing of personal data, then they can demand the deletion of any personal data and demand the cease of processing. Provided that Malama is no longer legally required to retain this data for a certain reason this data will be deleted.
Malama reserves the right to disallow certain functions if the collection and processing of personal data is demanded to cease by a user.
9.4 Blocking
Users have the right to withdraw their consent to having their data collected and processed at any time. A simple email sent to contact@malama-app.ch with the corresponding withdrawal of consent is sufficient. Users must however strictly use the email address that they used to register on the application or platform, this way we can be sure that the objection comes from the user.
9.5 Steps
Steps to adopt according to the nature of the users request:
Information
-Purpose of the request: to know if Malama-App keeps personal data about the user, and if so, which data.
-Application: Email or mail
Correction
-Purpose of the request: to have the personal data kept by Malama-App corrected.
-Application: Email or mail
Correction
-Purpose of the request: to block the use of personal data kept by Malama-App for any further processing.
-Application: Email or mail
Erase
-Purpose of the request: to have personal data kept by Malama-App deleted
-Application: Email or mail
10. Advertising
Malama reserves the right to run advertisements on our application and or platform.
Advertisements will be tailored to the user whenever possible.
11. Contact
Users are able to contact Malama and Lucie Sauvain personally at any time. This is possible either by letter or by Email.
- Letter:
Lucie Sauvain
Route de Montana 27c
3974 Mollens, Switzerland
- Email:
12. Final Statements
Malama may amend this privacy policy at any time. Any modifications are applicable with immediate effect to all users, even if the user has already accessed the portal and accepted the present policy. The user will be informed should any changes occur and will be prompted with a new request to consent to the new policy.
If any statement or point in this policy should be invalid or unenforceable, the remaining statements are nonetheless still applicable. In such a case, the invalid or unenforceable statement will be interpreted as close as possible to what was originally intended with the statement.
Applicable law and dispute resolution (forum)
Malama is compliant with all applicable Swiss data protection laws and regulations as well as where applicable European Union laws and regulations and the GDPR.
Any dispute arising from the processing of data collected by Malama through the application or the portal is exclusively subject to Swiss law. The place of jurisdiction for any proceedings arising therefrom is the registered office of Malama.
Mollens, June 1, 2023