Scope and permission to use
By using this website, you declare that you agree to these general terms and conditions. These are an integral part of the website. If you do not agree to these terms and conditions, you must refrain from using this website. The contents of this website may only be used for private and in no case for commercial purposes.
Privacy policy
The responsible body within the meaning of data protection laws, including the EU General Data Protection Regulation (GDPR), is:
Ink-U-Beta AG
Samuel Welten Gubelstrasse 7
6300 Zug
E-mail: support@ink-u-beta.com
Website: sun-a-wear.com
General remarks
Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the federal government (Data Protection Act, DSG), every person has the right to the protection of their privacy and protection against misuse of their personal data. The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and these terms and conditions.
In cooperation with our hosting providers, we strive to protect the databases as well as possible from unauthorized access, loss, misuse or falsification. We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.
By using this website you consent to the collection, processing and use of data as described below. This website can generally be visited without registration. Data such as pages accessed or the name of the file accessed, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or email address, are collected on a voluntary basis as far as possible. The data will not be passed on to third parties without your consent.
Processing of personal data
Personal data is all information that relates to a specific or identifiable person. A data subject is a person about whom personal data is processed. Processing includes all handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data. We process personal data in accordance with Swiss data protection law. In addition, we process - to the extent and insofar as the EU GDPR is applicable - personal data in accordance with the following legal bases in connection with Art. 6 Para. 1 GDPR:
- Processing of personal data with the consent of the data subject.
- Processing of personal data for the fulfillment of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.
- Processing of personal data to fulfill a legal obligation to which we are subject in accordance with any applicable law of the EU or in accordance with any applicable law of a country in which the GDPR is fully or partially applicable.
- Processing of personal data in order to protect the vital interests of the data subject or another natural person.
- Processing of personal data in order to protect the legitimate interests of us or of third parties, provided that the fundamental freedoms and rights and interests of the person concerned do not prevail. Legitimate interests are in particular our business interests in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.
We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly. The users of the sun-a-wear app are not personally identifiable for Ink-U-Beta AG, as no personal data is collected. It stores the measured data of the sensor and anonymized usage statistics. This data is sent to the servers of Ink-U-Beta AG at regular intervals and used for statistical evaluations in anonymous form.
Processing of location data
The sun-a-wear app retrieves the location of the user from time to time in order to be able to offer current UV forecasts. It does this both when the app is in the foreground and when it is in the background, provided the user has given permission to do so. This location data is only stored locally on the device and is used exclusively to be able to offer the core functionality of the app.
Privacy policy for cookies
Our websites use cookies. These are small text files that make it possible to save specific, user-related information on the user's device while he is using the website. Cookies make it possible, in particular, to determine the frequency of use and the number of users of the pages, to analyze the behavior of the page usage, but also to make our offer more customer-friendly. Cookies are stored beyond the end of a browser session and can be called up again when you visit the site again. If you do not want this, you should set your internet browser so that it restricts or refuses the acceptance of cookies.
A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US site www.aboutads.info/choices/ or the EU side www.youronlinechoices.com/ be explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that you may then not be able to use all the functions of this online offer.
Data protection declaration for SSL / TLS encryption
This website uses SSL / TLS encryption for security reasons and to protect the transmission of confidential content, such as the inquiries that you send to us as the website operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http: //” to “https: //” and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.
Data protection declaration for server log files
The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
These data cannot be assigned to specific persons. This data is not combined with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of illegal use.
Data protection declaration for the right to information, deletion, blocking
You have the right to free information about your personal data stored by us, their origin and recipient and the purpose of the data processing as well as the right to correct, block or delete this data at any time. You can contact us at any time at the address given in the legal notice if you have any further questions on the subject of personal data. In order for you to be able to exercise the aforementioned rights, you must prove your identity to us beyond any doubt, e.g. by sending a copy of your ID.
Copyrights
The copyright and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the rights holders specifically named therein. The written consent of the copyright holder must be obtained in advance for the reproduction of any files. Anyone who reproduces content, images, photos or other files on this website without the consent of the respective owner of the rights can make himself liable for copyright infringement and possibly be liable for damages.
Disclaimer of liability
General disclaimer
All information on this website has been carefully checked. We strive to provide our information offering up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and topicality of information of any kind. Liability claims from material or immaterial damage caused by the use of the website, the information provided and the device are excluded within the framework of what is legally permissible, unless it can be proven that there was willful intent or gross negligence.
We can change or delete texts at our own discretion and without notice and are not obliged to update the content of this website. Use of or access to this website is at the user's own risk. Neither we nor our clients or partners are responsible for damage, such as direct, indirect, accidental, specifically to be determined in advance or consequential damage allegedly caused by visiting this website, and consequently assume no liability for this.
We also assume no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. We thus expressly distance ourselves from all third-party content that may be relevant under criminal or liability law or that offends morality.
No medical advice
sun-a-wear contains tools that can help you make informed decisions about how you deal with solar radiation. Our designs and tools are for your information only and should not be misunderstood as medical advice or instruction. Our designs and tools are not intended to diagnose, treat, cure or prevent diseases. Individuals who use the data for purposes such as avoiding exposure to sunlight should not rely solely on the accuracy of the data contained herein. Some medications - over-the-counter and prescription-only drugs - can sunburn the skin very quickly. Talk to a doctor, pharmacist, or other medical provider.
Device
The sun-a-wear can measure UV radiation if used and functioning properly. We cannot be held responsible for any malfunction of the sun-a-wear device, its connection to the user's smartphone, or any malfunction within the application. We cannot predict how the device will be used or worn and we cannot be held responsible for any consequences that may arise from the use of the device or application.
Application
The sun-a-wear can measure UV radiation if used and functioning properly. We cannot be held responsible for any malfunction of the sun-a-wear device, its connection to the user's smartphone, or any malfunction within the application. We cannot predict how the device will be used or worn and cannot be held responsible for any consequences that may arise from the use of the device or application
The application without connection to the sun-a-wear device cannot measure the actual amount of UV. All UV index predictions are naturally imprecise, precisely because they are predictions; such are always based on variable parameters. The sunscreen timer function is only an estimate of the time before you should reapply sunscreen. The remaining time can change due to many factors such as friction from clothing, sweating or contact with water. The sun cream timer should only be understood as a recommendation and in no way as medical advice. People who are extremely sensitive to the sun, such as B. Albinists and people with xeroderma pigmentosum should seek advice from a doctor about sun exposure.
The sun-a-wear dose counter shows the accumulated UV dose to which the sensor was exposed that day. This accumulated dose may differ from the actual dose to which the wearer of the device is exposed. For example, the device will underestimate UV exposure if the sensor is not worn or covered in the most exposed area. The adjustable reminder, at what point in time a defined UV dose is reached, should not be used to avoid sunburn or skin damage. Due to software errors or operator errors, the application may not remind you when the dose is reached. The display of the maximum UV dose for each skin type corresponds to the average values of the minimum sunburn dose for the skin type, based on current research results. The maximum recommended sunburn dose for a person is individual and can vary. It is explicitly advised not to rely on the maximum UV dose displayed to prevent sunburn.
We are entitled to change the software of the application at any time.
Changes
We can adjust these terms and conditions at any time without notice. The current version published on our website applies. Insofar as the data protection declarations or other parts of the terms and conditions are the subject of an agreement with you, we will inform you of the change in the event of an update by email or in another suitable manner.
Applicable law and jurisdiction
These terms and conditions are subject to Swiss law. The UN sales law (CISG) is not applicable. The place of jurisdiction for all legal disputes in connection with these terms and conditions is Zug.
Ineffective provisions
Should individual provisions of these terms and conditions be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The ineffective provision is to be replaced by an effective one that comes as close as possible to its economic purpose. The same applies in the event of a loophole.
If you have any questions about data protection, please write us an email or contact the person responsible for data protection in our organization listed at the beginning of the data protection declaration.
Zurich, March 22nd, 2021
Partly based on source: Swiss lawyer
