Premise
This Privacy Policy sets out how we (hereinafter also referred to as “Privacy Policy”) collect and use the information you provide while using badvisor.io.
It is our priority to ensure that your privacy is protected. Any Personal Data you provide will only be used in accordance with this Privacy Policy.
All information and services published in badvisor.io are Intended only for users who have reached the legal age of majority.
1. What does this policy cover
Welcome to Badvisor, the online and mobile service of BADBYTE Sagl. Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to our visual communication platform (the “Service”), and your choices about the collection and use of your information. Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in our Terms of Use. If you do not want your information processed in accordance with this Privacy Policy in general or any part of it, you should not use our Service. This policy applies to all users of the Service.
2. Information we collect
We collect the following types of information about you:
Information you provide us directly
We may ask for certain information when you register for a Badvisor account or correspond with us (such as a username, your first and last names, birthdate, phone number, profession, physical and e-mail address).
We also collect any messages you send us through the Service, and may collect information you provide in User Content you post to the Service (such as text and photos you upload to use in your designs). We use this information to operate, maintain, and provide the features and functionality of the Service to you, to correspond with you, and to address any issues you raise about the Service.
If you don’t provide your personal information to us, you may not be able to access or use our Service or your experience of using our Service may not be as enjoyable.
Information we receive from third-party applications
We may receive information about you from third parties. For example, if you access the Service through a third-party connection or log-in, such as Facebook Connect, by “following,” “liking,” adding the Badvisor application, linking your account to the Badvisor Service, etc., that third party may pass certain information about your use of its service to Badvisor.
This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service.
You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service. If you unlink your third party account, we will no longer receive information collected about you in connection with that service. And if you choose to integrate with a third party application to incorporate elements into your designs, enhance media, supercharge your workflow or share to social media, we could receive data from such apps (as well as disclose data to such apps).
If you communicate with us via social media, including Instagram, Facebook or TikTok and choose to share your user generated content with us, we may receive information such as videos you’ve created, your photo, your account name and your comments about Badvisor.
Information we receive from other third parties
We may obtain information about you from third-party sources, such as public sources, social media platforms (like Facebook, Instagram, LinkedIn, Twitter and other platforms) and third-party data providers and information services. Examples of the information we may obtain from such third parties include your company, company size, job title and seniority, industry and other profile information. We may share your email address or other information in order to obtain and combine this information with information that you provide to us or other information that we collect when you use our Service. We do this to better understand your profile and interests so that we can deliver customized offers and other personalized services to you, such as to serve relevant offers to you via email, chatbots, phone or personalized advertising. You can opt out of Badvisor collecting more data about you from third-party providers to tailor your experience and messages we send you Here.
Some of these providers may combine data collected from our Service through cookies, pixels, tags and similar technologies, with email or mailing addresses to which they have access to help us serve relevant offers to you.
If you are not a Badvisor subscriber, we may obtain your contact details from a social media platform, such as LinkedIn, or a third party data provider, so that we can promote our product offerings and subscriptions to you if we think they would be helpful in your role.
We also may have obtained your details from another Badvisor user, for example when they have shared a design with you.
We may also receive information about you and your engagement with our advertisements from our ad servers, ad networks and social media platforms. This may include the websites you visited before coming to Badvisor so that we can determine advertising effectiveness and pay our referral partners.
If you prefer not to have your information used for this purpose, you can opt out at any time by emailing us at [email protected].
Information we collect from you automatically
We will directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information (please see the paragraph on log file information below) that assists us in improving the Service. For more information on the analytics cookies we use and how to opt out of third-party collection of this information, please see our Cookies Policy.
Cookies information and information taken from similar technologies
When you visit the Service, we (and our third-party partners) will send cookies — small text files containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets Badvisor do things like help you log in faster, enhance your navigation through the site, remember your preferences and generally improve the user experience. Cookies also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. They also allow us to measure traffic and usage trends for the Service, deliver personalized advertisements that may be of interest to you and measure their effectiveness, and find potential new users of the Service.
You can control or reset your cookies and similar technologies through your web browser, which will allow you to customize your cookie preferences and to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled. For more information on how we use cookies and other technologies and how you can control them, please read our Cookies Policy.
Log file information
Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
Clear gifs/web beacons information
When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to anonymously track the online usage patterns of our users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service.
Device identifiers
When you access the Service on a device (including smart-phones or tablets), we may access, collect and/or monitor one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files that uniquely identify your mobile device. A device identifier may convey information to us about how you use the Service. A device identifier may remain persistently on your device, to help you login and navigate the Service better. Some features of the Service may not function properly if use of device identifiers is impaired. Device Identifiers used by Badvisor include the Android Advertising ID and iOS Advertising Identifier.
Location data
Badvisor collects information in order to understand where its users are located for a number of reasons. It helps Badvisor to localize and personalize content, comply with local laws, undertake aggregated analytics, understand if its users use Badvisor for domestic, business or educational use, improve advertising efficiency and estimate the tax liability of Badvisor.
Badvisor may collect your precise or approximate location:
– from you, when you provide, correct or confirm your location (e.g. when you purchase products from us)
– by inferring your location from your IP address; and
– from our partners or your payment provider.
Content within your account
We receive content that you create within your Badvisor account and media you upload for use within it, such as designs, images, documents, videos, and metadata about your content.
3. How we use your information
We use the information we collect about you for the purposes set out below:
Providing you with the Service
We use the information that you directly give us to provide the Service to you. This includes allowing you to log in to Badvisor, operating and maintaining the Service, giving you access to your designs and billing you for transactions that you make via the Service. We also use information we collect about you automatically to remember information about you so that you will not have to re-enter it during your visit or the next time you visit the site.
For data analytics
We use information about you to help us improve the Badvisor Service and our users’ experience, including by monitoring aggregate metrics such as total number of visitors, traffic, and demographic patterns.
For data and predictive analytics
We may analyze content, media uploads and activity in your account (such as designs, photos, videos, audio, and search terms) to provide and customize the Service and to train our algorithms and models using machine learning in order to improve our Service. This is carried out with strict access controls and policies in place to protect your privacy. For certain machine learning projects, where legally required or we believe it is appropriate given the nature of project, we may seek your prior consent. These activities include, but are not limited to:
– labeling and detecting components in images (e.g., background, eyes) in order to enhance photo editing tools such as background removal, blemish and red eye correction and erasure of components.
– labeling raw individual data (e.g., “man with cat”).
– detecting content prohibited by our Acceptable Use Policy for moderation and security purposes (e.g., pornographic or copyright protected material).
– translating audio soundtracks.
– predicting the most relevant subscription or product offerings for a user to tailor communications and advertising.
– search terms and corresponding search results interaction data to build an algorithm to deliver the most relevant design result.
Customizing the Service for you
We use and combine the information you provide us and information about you that we collect automatically and receive from other sources (including information we receive on and off our Service) and combine it with information about the behavior of other users to make sure that your use of the Service is customized to your needs. For example, to recommend templates, ingredients and fonts that are likely to be useful to you in a design, we may use information derived from your prior behavior on our Service, the use of these elements by other people working on similar designs and other inferred information.
To communicate with you about the Service
We use your contact information to get in touch with you and to send communications about critical elements of the Service. For example, we may send you emails about technical issues, security alerts or administrative matters.
To promote and drive engagement with the Badvisor Service
We use your contact information to get in touch with you about taking part in our surveys or about features and offers relating to the Service that we think you would be interested in. We also use information we collect about you to make sure that you get the most relevant offers and promotions based on your use of the Service, and your preferences. You can opt-out of these communications as described below.
To improve the Service
We analyze information about your use of the Service and your content to better understand how users are engaging with our Service and measure the effectiveness of the Service so we can make improvements and develop our services for users.
For advertising purposes: We use information about you, including cookies information and other information we (and our third-party partners) collect from you automatically about your use of the Service, to serve, personalize and measure the effectiveness of advertising on the Service and third-party sites and platforms. This includes showing you advertising we think you might find interesting as well as displaying advertising to potential new users that have similar interests. For more details about how we use your information for advertising purposes, please see Art. 5 “Advertising”.
Customer Experience
We use information about you, information that we collect or and from within your account, information that you provide to our Customer Care Team, and information about your interactions with the Service to resolve technical issues you experience with the Service, and to ensure that we can repair and improve the Service for all Badvisor users.
For security measures
We use information about you and from within your account to monitor activity that we think is suspicious or potentially fraudulent, and to identify violations of this Privacy Policy or our Terms of Use.
For matters that you have specifically consented to
From time to time Badvisor may seek your consent to use your information for a particular purpose. Where you consent to our doing so, we will use it for that purpose. Where you no longer want us to use your information for that purpose you may withdraw your consent to this use.
For troubleshooting, error resolution and service improvement
We may need to review your designs to support your request for help, correct general errors with the Badvisor Service or improve our services.
For matters that we are required to use your information by law
Badvisor will use or disclose your information where we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use and our Acceptable Use Policy or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Badvisor, our users or others.
4. Sharing your information
How we share your information
We share your information with third-party service providers for the purpose of providing the Service to you and to facilitate Badvisor’s legitimate interests. Those service providers will only be provided with access to your information as is reasonably necessary for the purpose that Badvisor has engaged the service provider, and we will require that such third parties comply with this Privacy Policy, appropriate data processing terms and any applicable laws.
Some of the third parties with whom Badvisor may share your personal information are service providers who assist Badvisor with functions such as:
– Billing
– Customer support and customer management
– Email services
– Hosting and storage
– Data analytics and predictive analytics
– Data labeling and machine learning;
– Security
– Advertising and marketing services
– Domain name registration
– Other service providers
Sharing aggregate data
We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated such anonymized data with third parties.
Sharing with authorities
We access, preserve and share your information with regulators, law enforcement, police, intelligence sharing and take down services and others in accordance with our Authority Request Policy or where we have a good-faith belief that it is necessary to detect, prevent or address fraud, breaches of our Terms of Use or Acceptable Use Policy, harmful or illegal activity, to protect Badvisor (our rights, property or intellectual property), you or others, including as part of investigations or regulatory enquiries or to prevent death or imminent bodily harm.
5. Advertising
We partner with third party ad servers, ad networks and social media platforms (like Facebook, Google, Linkedin, TikTok) to deliver personalized advertisements (“ads”) on our Service and other sites that may be of interest to you and/or to measure their effectiveness, and/or to identify potential new users of our Service.
Badvisor may share certain information with our third party advertising partners, such as your email address, location, cookie information and information relating to your use of our Service, and allow partners to perform a match of your information against information from other third party networks or sites to serve ads either on the Service or on third party sites (including, but not limited to Facebook, Google) and to measure the effectiveness of these ads. We also share certain information with social media platforms, such as Facebook and Tiktok, to display advertising to potential new users whose demographics and behavior look like those of our existing users.
In addition, these third-party ad servers or ad networks may use technology to send, directly to your browser or mobile device, these personalized ads and ad links directly to your browser or mobile device, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs) to compile information about your browser’s or device’s visits and usage patterns on the Service, and to measure the effectiveness of their ads and to personalize the advertising content. Please see our Cookies Policy for more information about how we and our third party partners use cookies and other technologies to deliver ads to you.
Badvisor does not sell or rent the information we collect directly from you or about you from third parties with these third-party ad servers or ad networks for such parties’ own marketing purposes.
Please note that an advertiser may ask Badvisor to show an ad on the Service to a certain audience of users (e.g., based on demographics or other interests). In that situation, Badvisor determines the target audience and Badvisor serves the advertising to that audience and only provides anonymous aggregated data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.
The Badvisor Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers or contact such advertisers for more information.
6. How we transfer, store and protect your data
Your information collected through the Service will be stored and processed in Switzerland and any other country in which Badvisor or its subsidiaries, affiliates or service providers maintain facilities or employ staff or contractors.
Badvisor transfers information that we collect about you, including personal information, to affiliated entities, and to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. As a result, we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. However, we always take steps to ensure that your information remains protected wherever it is stored and processed in accordance with applicable laws. Where required under applicable laws, you consent to the transfer of information to the U.S. or any other country in which Badvisor or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
7. Keeping your information safe
Badvisor cares about the security of your information, and uses appropriate safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account.
You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Badvisor, at all times. However, Badvisor cannot ensure or warrant the security of any information you transmit to Badvisor or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the Badvisor Service, such as social networks. Badvisor is not responsible for the functionality or security measures of any third party.
8 Your choices about your information
You control your account information and settings
We provide choices about how we process your account information:
– You can correct, download or delete the data in your account in Your Account settings.
– You can request access, correction or deletion of the data Badvisor holds on you by contacting [email protected]; and
– You can opt out of receiving marketing messages in the “Email Preferences” section of Your Account settings here or by clicking on the “unsubscribe link” provided in such communications. However, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
Opting out of collection of your information through tracking technologies
Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device.
Note that disabling cookies and/or other tracking tools prevents Badvisor or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by Badvisor, including via third-party websites. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, please read our Cookies Policy or you can contact us directly at [email protected].
Opting out of enrichment using third-party data
As described above, we may combine information about you with information obtained from third-party sources to better understand your profile and interests so that we can deliver customized offers and other personalized services. You can opt out of Badvisor collecting more data about you from third-party providers to tailor your experience and messages we send you Here.
Rights in respect of your Information
The laws of some countries grant particular rights in respect of personal information. Individuals in certain countries, including the European Union, United Kingdom, and Brazil have the right to:
– Request access to their information;
– Request that we correct inaccuracies in their information;
– Request that their information be deleted or that we restrict access to it;
– Request a structured electronic version of their information; and
– Object to our use of their information.
Should you wish to make a request in respect of your personal information please contact us at [email protected]. You also have the right to object to our processing of personal data about you in for marketing purposes and we will stop processing data for that purpose.
In some circumstances Badvisor will not be able to comply with your request regarding your personal data. If we are unable to remove any of your information, we will explain why. For example, we may not be able to provide a copy of your information where it infringes on the rights of another user. In some cases, you may have shared your information with third parties, such as by publishing a design on a third party’s website. In that case Badvisor will not be able to delete the information, and you will need to contact that third party directly.
If we are unable to resolve your request, or if you are concerned about a potential violation, you also have the option to report the issue or make a complaint to the data protection authority in your jurisdiction. Where you have provided your consent to certain processing and no longer want us to use your information for that purpose, you may withdraw your consent to this use, although this will not affect the lawfulness of processing based on consent before its withdrawal. Please see paragraph “You control your account information and settings” for more options on how to opt-out of marketing communications.
9. How long we keep your information
Following termination or deactivation of your user account, Badvisor will retain your profile information and User Content for a commercially reasonable time, and for as long as we have a valid purpose to do so. In particular, Badvisor will retain your information for the purpose of complying with its legal and audit obligations, and for backup and archival purposes.
10. Age limitation
In this policy, a child is considered a person under the age of 13 years old (or the minimum legal age in the child’s country to be able to provide lawful consent to the processing of their personal data where the age is higher than 13 years old).
The Service and our content are not directed at children. Children are not permitted to sign up by themselves for the Service.
Badvisor does not knowingly collect or solicit personal information from children. If we learn that we have collected personal information from a child without verification of parental consent where this is required, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child, please contact us at [email protected].
11. Links to other websites and services
We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies.
In addition, you acknowledge that we are not responsible for and we do not exercise control over any third parties that you authorize to access your User Content. If you are using a third-party website or service (like Facebook) and you allow such a third party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.
12. Additional information for users in Europe
This section of the policy applies to Badvisor users that are located in the European Economic Area (EEA), Switzerland. Badvisor processes your personal data in accordance with European laws and regulations, such as the General Data Protection Regulation (GDPR).
Controller’s details
For the purposes of the GDPR, BADBYTE Sagl is the controller of your personal data. BADBYTE Sagl’s registered address is at Lungolago Giuseppe Motta 4, CH-6815 Melide – Ticino (Switzerland), and we can be contacted using the details provided in section 15 below. “How to contact us” heading.
In certain circumstances, we process personal data as a processor on behalf of our customer. Badvisor’s Terms of Use set out the circumstances where Badvisor processes personal data as a processor. In these cases, it is the Badvisor customer that is responsible for the processing of your personal data. If you have questions or concerns about how your personal data is handled by one of our customers, you should contact the relevant customer that is using our Service and refer to their separate privacy policies.
13. Legal bases for processing
If you are located in the EEA, Switzerland, we need a lawful basis to collect, use and disclose your personal data as a controller. Our lawful basis will depend on the information concerned and the context in which it is processed.
Generally, Badvisor will collect and use your information as follows:
Contractual necessity
We need it to provide the Service to you and fulfill our obligations to you under our Terms of Use. For example, this includes creating and maintaining your account, resolving issues you may experience with the Service and providing you with access to your designs.
Legitimate interests
Our legitimate interests include providing a useful and customized Service, obtaining payment for our Service (if applicable), sending you relevant marketing messages, displaying advertising and tracking its effectiveness, using information we collect about you, like your spending, platform usage, occupation and employer so that we can make more informed predictions, decisions and offers for our users, helping users connect with team members and their employer’s subscription on Badvisor and enhancing our Service via research and development, data analytics, data labeling, machine learning and predictive analytics. We do not rely on this lawful basis where our legitimate interest is overridden by your interest in protecting your data.
Consent
You consent to us or have a reasonable expectation of us using your information in a certain way — for example, to hear about new features or offers.
Legal obligations
It is necessary for compliance with our legal obligations — for example, to disclose your information in response to law enforcement requests and to retain your information for our record keeping purposes.
If you consented to our use of your information, you can withdraw that consent at any time. Depending on the situation you can either withdraw your consent by emailing [email protected], or through your account settings page.
Where we use your information for our legitimate interest, you have the right to object to that use by contacting [email protected]. However, if you do, it may diminish the quality of the Service you receive or prevent you from using the Service.
Cross-border transfers of information
By signing up, you understand and agree that BADBYTE Sagl (an entity in Switzerland) will receive and process your personal data. We may transfer your personal data to other countries where our affiliates and service providers are located. Please note that some of these countries may have data protection laws that are different from your country (and, in some cases, may not be as protective).
For Badvisor users in the EEA, Switzerland, where we transfer your information to a third-party provider that is not located in Europe, and is not in a country that benefits from an adequacy decision by the European Commission, we will require those third-party providers to enter into an agreement that provides appropriate safeguards for your information, including by using the EU Model Clauses.
If you are accessing our Service from Europe, BADBYTE Sagl is the controller of your personal data. In some cases, though, we may only be processing your information on behalf of a Team as a processor. We only process your data if we have a lawful basis. We may transfer your information outside of Europe subject to appropriate safeguards.
Categories of personal information collected by Badvisor
For more details about the personal information Badvisor has collected in the past year, please see Art. 2 “Information we collect”. For details on how we use that information, who we share it with, and how long we keep it, please see Art. 3 “How we use your information”, Art. 4 “Sharing your information”, and Art. 9 “How long we keep your information.”
14. Changes to this Policy
We may update this policy from time to time to reflect our current practice and ensure compliance with applicable laws. When we post changes to this policy, we will revise the “Last Updated” date at the top of this policy. If we make any material changes to the way we collect, use, store and/or share your personal information, we will notify you on our website or by sending an email to the email address associated with your Badvisor account. We recommend that you check this page from time to time to inform yourself of any changes.
15. How to contact us
If you have any questions about this Privacy Policy or the Service, or wish to make a complaint please contact us at:
By email
In writing
BADBYTE Sagl
Lungolago Giuseppe Motta 4
6815 Melide, Ticino – Switzerland
Head of Privacy
This Privacy Policy is effective as of May 1, 2023.