Privacy Notice
With this privacy notice (the Notice), we inform you how we process your personal data in relation to our platform on www.livxp.com (the Platform).
Your personal data means any information relating to you (Personal Data). If “LivXP”, “we” (or “us”) is used hereinafter, this primarily refers to LivXP AG, Simplon 37, 1006, Lausanne, Switzerland.
We may provide you with additional privacy notices if we believe it is appropriate. Such additional privacy notices supplement this Privacy Notice and must be read together with it.
1. Who is responsible for processing your data?
“Processing” means any process or series of processes carried out with or without the aid of automated processes in connection with personal data, such as collecting, recording, organizing, classifying, storing, adapting or changing, reading out, querying, the use, disclosure by transmission, distribution or other form of provision, alignment or combination, restriction, deletion or destruction of your data.
We are responsible for the Processing of your Personal Data under this Notice and act as the controller in relation thereto. We always process your personal data in accordance with the applicable data protection regulations (including the Swiss Data Protection Act, “DSG” and, if applicable, the EU General Data Protection Regulation, “GDPR”; hereinafter collectively “applicable data protection law”).
Should you have any questions in relation to this Notice or regarding the Processing of your Personal Data please contact us at:
LivXP AG,
Rue du Simplon 37, 1006 Lausanne, Switzerland
Email: security@livxp.com
2. Personal data we process and our sources
We may collect your Personal Data when you interact with us, for example when you communicate with our staff, purchase one of the products offered by other Platform users, or when signing up to receive information and/or brochures or other marketing.
“Personal data” means any information that relates to an identified or identifiable natural or, where protected by the applicable Data Protection law, legal entity.
Personal data we process about you may include:
- Technical information when visiting and using the services of the Platform (e.g. your IP-address, browser, device type);
- Contact details (e.g. name, address, phone number, e-mail address, date of birth);
- Financial information (e.g. credit card number, amount of payment, transaction data);
- Information in relation to our services (e.g. your offers, your orders, your purchases, your shopping cards, your account registration, your preferences, your role as a buyer or a vendor (including as a “Supporter” or an “Experience Provides” as defined in our Terms and Conditions);
- Additional information in relation to your visit of the Platform (e.g. product pages you visit, interaction with other users of the platform, information on how often you visit the Platform);
- Information in relation to materials and communications we send to you electronically (e.g. newsletters);
- Additional information provided to us in the course of providing our services to you (e.g. information to handle your requests, complaints, information on your communication with us via phone, chat, e-mail).
3. How and what purpose for we use or process your Personal Data
We use your Personal Data for following purposes:
- to fulfill and process contractual or legal, regulatory and risk management obligations, including establishing, exercising or defending legal claims;
- to check access authorization and manage the user account (if available);
- to communicate with you and to inform you about updates or changes to our offers or events as well as adjustments to our Terms and Conditions , data protection declarations, our guidelines on how you can advertise on our portals and websites;
- to combat fraud and abuse;
- to develop and maintain customer relationships and improve our services;
- for marketing communication by us and Experiences providers, i.e. all sales-promoting measures, e.g. newsletters, telephone, online advertising, SMS and push notifications for market research, conducting analyzes and surveys and for statistical purposes;
- to evaluate user behavior;
- initiation of contractual relationships with third parties;
Below we have summarized for you in detail which data we process as part of our offers, why we process it and what legal basis we rely on for this processing.
4. Automated decision-making
By “automated decision-making” is meant any Processing which results in a decision that is based solely on automated processing including profiling (i.e. without any human involvement, for example based on automated algorithm technics), which produces legal effects or similar significant effects on the data subjects.
We do not use any Processing that is based on such decision-making processes.
5. On what basis we use your personal information
We process your Personal Data on the following grounds:
- to perform a contract;
- for the establishment, exercise or defence of legal claims or proceedings;
- to comply with legal and regulatory obligations;
- for legitimate interests.
Please see “How we process your Personal Data” above for additional details.
6. Who we share your Personal Data with
We may share your Personal Data with trusted third parties who process your Personal Data and store data in accordance with this Privacy notice. These companies can be Experience providers, Payment service providers, other third parties or our commissioned data processors. These third parties may have access to your Personal Data or Usage Data, but only to the extent necessary to complete the tasks we have commissioned them to do or to fulfil the purposes described in this Privacy Notice. We reserve the right to pass on your data due to mandatory legal obligations.
“Personal data” means any information that relates to an identified or identifiable natural or, where protected by the applicable Data Protection law, legal entity. Personal data we process about you may include:
6.1 Disclosure to Third-party “Experience providers”:
All personal data of the participants may be viewed and further used by the Experience providers and their respective sponsor(s) for marketing purposes. By participating in Experiences, you agree that your personal data may be stored with the Experience provider and used for statistical and promotional purposes. The Experience providers may pass on the personal data to their sponsors to place personalized advertising or to make you a personal offer. The sponsors in turn undertake to treat this data confidentially and to use it exclusively for their own promotional purposes and is prohibited from passing on this data.
In the event of winning a Raffle or Auction, the participant gives their consent for the publication of their title, surname, and place of residence. Data will be processed in compliance with the applicable Data Protection law. Any participant who does not wish for their personal data to be disclosed must notify us in writing: security@livxp.com
6.2 Disclosure to other Third-parties:
We pass on your data to other third parties to the extent that this is necessary for the execution of the contract in accordance with applicable data protection law. For this purpose, we may pass on the necessary data to Payment service providers, banks, and other service providers, such as hardware and software providers. These service providers use your data exclusively for order processing and not for any other purposes. They are obliged to protect data to the same extent as we are.
In addition, we may disclose Personal Data if we are required or permitted to do so by law or legal process, for example due to a court order or a request from a law enforcement agency, when we believe disclosure is necessary or appropriate for our legitimate interest, for example in preventing harm or financial loss, in connection with an investigation of suspected or actual fraudulent or other illegal activity, and in the event we sell or transfer all or a portion of our business or assets (including in the event of a re-organization, dissolution, or liquidation).
In the event of a sale, merger or other re-organization of some or all of our company's assets, personal information may be transferred, sold or otherwise shared with third parties as part of that transaction or re-organization.
7. Countries to which we transfer your Personal Data
We may transfer your Personal Data to recipients abroad (they may even be located outside the European Union), including countries that do not provide the same level of protection as Swiss and/or EU/EEA legislation. Before we do so we will implement appropriate safeguards to protect your Personal Data, for example by requiring the recipient to agree to data Processing agreements. If you wish to receive a copy of the respective safeguards, please contact us at the contact details in section 1.
We may also transfer Personal Data with your explicit consent and in certain other situations as permitted by applicable law.
8. Cookies
We use cookies on our site. Cookies are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our Platform.
The cookie is used to store information that is related to the specific device used. However, this does not mean that we are immediately aware of your identity.
The use of cookies serves to make use of our Platform more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages on our Platform. These are automatically deleted after leaving our pages.
In addition, to improve usability, we also use temporary cookies that are stored on your device for a specified period of time. If you visit our Platform again to take advantage of our services, it will automatically recognize that you have already been with us and what inputs and settings you have made, so you do not have to re-enter them.
We also use cookies to statistically record the use of our Platform and to evaluate it for the purpose of optimizing our content and to show you content that meets your personal interests.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer, or so that a prompt appears before a new cookie is created. However, disabling cookies completely may mean that you cannot use all features of our Platform.
Whenever we use cookies that are not technically required for the use and maintenance of our Platform, we will request your consent.
9. Tracking, Targeting and third-party social plug-ins
We use various tracking and targeting tools incl. analytic services. Please note that we are not responsible for the processing by these third parties. If you wish to learn more about on how these parties process your Personal Data please see their own privacy notices.
LivXP cannot control the privacy practices and data protection policies of third parties that are not subject to this Notice. When you submit personal information to such a third party, please read and refer to the privacy protection notice of the third party.
Our Platform uses Google Analytics, a web analytics service provided by Google LLC (1600 Amphitheater Parkway, Mountain View, CA 94043, hereinafter "Google"). In this context, pseudonymized usage profiles are created and cookies (see section 8) are used. Information is generated by the cookie about your use of the Platform such as:
- browser type / version,
- used operating system,
- Referrer URL (the previously visited page),
- host name of the accessing terminal (IP address),
- time of server request,
and are transmitted to a Google server in the US and stored there. The information is used to evaluate the use of the Platform, to compile reports on Platform activity, and to provide other services related to Platform activity and internet usage for the purposes of market research and tailor our website design. This information may also be transferred to third parties if required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with any other data provided by Google. The IP addresses are anonymized, so that such a merger is not possible (IP masking).
In addition, you may prevent the collection of data generated by the cookie related to your use of the Platform and the Processing of this data by Google by downloading and installing a browser add-on.
As an alternative to the browser add-on, especially for browsers on mobile devices, you can prevent the collection of data by Google Analytics by clicking on this link. An opt-out cookie will be set that will prevent the future collection of your data when you visit our Platform. The opt-out cookie is only valid on that browser and only for our Platform and is stored on your device. If you delete cookies in that browser, you must set the opt-out cookie again.
10. Plug-ins and other integrations of third-party offers
Our digital offerings are networked with third-party functions and systems in a variety of ways, for example by integrating plug-ins from third-party social networks such as Facebook, LinkedIn, YouTube or Twitter.
If you have a user account with these third parties, it may also be possible for these third parties to measure and evaluate your use of our digital offerings. Additional personal data, such as IP address, personal browser settings and other parameters, may be transmitted to these third parties and stored there. When using a social login service such as Facebook Connect, the provider may send us personal data such as your name, email address and profile picture that they have stored about you. We have no control over the use of personal data collected in this way by third parties and assume no responsibility or liability. Information on the collection and use of data by third parties can be found in the privacy notices of the relevant third parties.
11. How we retain your Personal Data
We retain your Personal Data for no longer than is necessary for the purposes stated in this Notice, and as long as we have a legitimate interest in keeping Personal Data (for example to enforce or defend claims or for archiving purposes and IT security) unless otherwise extending the retention period is required or permitted by law. The data storage period may vary with scenario, and service. The standards LivXP uses to determine the retention period are as follows: the time required to retain personal data to fulfil business purposes, including providing products and services; maintaining corresponding transaction and business records; controlling and improving the performance and quality of products and services; ensuring the security of systems, products, and services; handling possible user queries or complaints and locating problems; whether the user agrees to a longer retention period; and whether the laws, contracts, and other equivalencies have special requirements for data retention; etc. We will maintain your registration information as long as your account is necessary for service provision. You can choose to deregister your account. After you deregister your account, we will stop providing you with products and services through your account and delete your relevant personal data, provided that deletion is not otherwise stipulated by special legal requirements.
12. How we protect your personal information
We use various technical and organisational measures to help protect your Personal Data from unauthorised access, use, disclosure, alteration or destruction and to ensure an adequate data protection and data security level when Processing your Personal Data. We have designed our platform so it can be used in compliance with applicable data protection laws and use privacy-friendly default settings (Privacy be Default, Privacy by Design).
13. How to access and control your personal data
It is your responsibility to ensure that all personal data submitted to LivXP is correct. LivXP is dedicated to maintaining the accuracy and completeness of personal data and keeping the data up-to-date.
You have the following rights:
- You are entitled to ask for details of the information we hold about you and how we process it and to receive a copy of your Personal Data.
- You may also have your data rectified or deleted, restrict our Processing of that information, and object to the Processing of your Personal Data.
- You may request the disclosure of the Personal Data in a standard electronic format and the transfer of said data to another controller.
- You may also choose to withdraw your consent. Please note that even after you have chosen to withdraw your consent we may be able to continue to process your personal information to the extent required or permitted by law.
- You may also lodge a complaint in relation to our Processing of your Personal Data with a local supervisory authority, in Switzerland with the Federal Data Protection and Information Commissioner.
We must ensure that your Personal Data is accurate and up to date. Therefore, to exercise your rights or in the event of any changes to your Personal Data you shared with us, please contact us via the channels as indicated above in section 1 “Who we are”.
14. Changes to this Notice
This Notice may be adjusted over time, especially if we change our data Processing or if new legislation becomes applicable. We actively inform persons whose contact details are registered with us of such changes in the event the changes are significant, if this is possible without disproportionate effort. In general, however, the data protection declaration in its current version at the beginning of the respective Processing applies to data Processing.