Effective September 19, 2021
Key Information
Purpose and who we are
The purpose of this Privacy Policy is to describe how vidby AG ("vidby," "us," "we," or "our") collects, uses and shares information about you through our online interfaces (e.g., mobile applications and websites) owned and controlled by us, including mobile applications vidby or bots Telegram @vidby or website https://vidby.com (collectively referred to herein as the "Service" or "vidby"). Please read this notice carefully to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to contact us at support@vidby.com Your use of our Site is also governed by our Terms of Use link to which is on the site.
vidby AG is a Swiss company with a principal place of business at Suurstoffi 8, 6343 Rotkreuz, Switzerland. If you reside or are located in the European Economic Area ("EEA") vidby is the data controller of all Personally Identifiable Information (as defined below) collected via the Service and of certain Personally Identifiable Information collected from third parties, as set out in this Privacy Policy.
In general, we only collect information that allows us to provide you with our best Service. This includes, for example, simple tasks like allowing other users to see the name and picture you choose to show. It also helps us to keep our Service clear of fraud and spam, and it allows us to get a unique understanding of what additional services may be useful to you, and all other purposes set out in this policy below.
Age requirement
To use vidby you must be at least 16 years old. If you are under 16 years of age, then please do not use or access vidby or any other our Service at any time or in any manner. We will take appropriate steps to delete any Personally Identifiable Information of persons less than 16 years of age that has been collected on our Service without verified parental consent upon learning of the existence of such Personally Identifiable Information.
What Information this Privacy Policy Covers
This Privacy Policy covers information we collect from you through our Service. In order to access certain features and benefits on our Service, you may need to submit, or we may collect, your "Personally Identifiable Information" (i.e., information that can be used to identify you). Personally Identifiable Information can include information such as your name, mobile number and/or email address, among other things. If you reside or are located in the EEA, it can also include your IP address or device identifier. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to vidby. Inaccurate information may affect your ability to use the Service, the information you receive when using the Service, and our ability to contact you.
Scope and Consent
Before you start using vidby, it's important you understand that by using the Service, you allow us to collect, use, disclose, and retain your personal information and other information. We will only use your information as described in this Policy.
By using the Service, you are also agreeing to our Terms of Use. Please make sure you read and agree with our Terms of Use if you want to use vidby.
If you do not agree with any of vidby's Privacy Policy, Cookies Policy or Terms of Use please do not use our Service and do not provide any Personally Identifiable Information to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required Personally Identifiable Information, we may not be able to provide you with the services that can be offered throughout vidby.
Consent can be withdrawn at any time. To remove your consent or deleting your account, please contact as at support@vidby.com. Please note that we may also rely on legitimate interests or fulfilment of a contract to continue processing your data.
Please note that we rely on legitimate interests as the basis for processing your data in the limited circumstances set out below:
In situations where we obtain your personal data from a source other than you, we process your data on the basis of legitimate interests, until the earlier of (a) the point at which you provide your consent; or (b) the point at which you ask us to stop processing your data on the basis of our legitimate interests;
We may retain your records for our own compliance and verification purposes (including where we are required to do so by law or by legitimate interest of our partners), even after you withdraw your consent to our processing of your data;
We will use information relating to your use of our services for statistical analysis and research purposes, however we delete your name, mobile number and email address from such information before we do so.
Information we collect
We must receive or collect some information to operate, provide, improve, understand, customize, support, and market our Service, including when you install, access, or use our Service. The types of information we receive and collect depend on how you use our Service.
We collect the minimum information required to achieve the purposes set out in this Policy (see below), and you have the ability to limit such collection, as specified below under "Additional Options":
(i) Personally Identifiable Information provided directly by you: When you use our Service you voluntarily give us personal information (e.g., name, phone number, email, birth date, age, gender, country of living and the desired language for use) and therefore you are not anonymous to us. In addition, providing us with the indicated information you consent and agree that your name and photo (if you choose to provide them) will be visible to other vidby users.
(ii) Personally Identifiable Information provided directly by third party sites: If you register for or sign in into your vidby account through your email or social networking sites, you agree to give us with a continued access to all of your personal data listed on such a social network sites (e.g., your email address, birthday, country of residence).
(iii) Aimed at improving the Service, except the above data on your activities, we will also collect the information on how you use vidby's functions and tools; on your access to vidby's webpages, content, websites, apps, services, any messages sent by other users within and through vidby; applications downloaded by you within or through vidby.
(iv) Device data: vidby collects data on devices and networks used by the User to connect to vidby (e.g. IP-address, URLs, operating system and browser software used, Internet Service Provider and the geographic location of his or her point of connectivity, device identifiers, language and regional settings).
(v) We also use (or may use) cookies and web beacons when you visit our Service. For more information on our use of cookies and web beacons, please refer to our Cookie Policy.
(vi) Partner sites: If you use services of our partners who provide vidby-related tools and services, then non-financial information on how you use these sites and/or services, as well as vidby, can also be collected. To improve the services of vidby and the sites and / or services of our partners, and to improve the quality of such services, we can share this information with partners (in particular, data on the time spent on the relevant site or application and on the pages viewed). At the same time, any transfer or exchange of information with our partners will be carried out exclusively in accordance with this Policy, as well as in compliance with applicable laws and regulations (including but not limited to GDPR).
(vii) Other data: we are trying to do our best and provide you with a good services quality, in which regard we may upgrade our Service and establish new partnership relations in the future, which would result in obtaining further additional data. If we start collecting new types of personal data or significantly alter the processing of your data, then relevant amendments will be incorporated into this Privacy Policy and we will notify you of such amendments.
How We Use the Information
We aim at constant improvement of our Service and offering you new opportunities. In this regard we can use the information provided by for the following purposes:
(i) Enabling vidby and services: We use the Personally Identifiable Information provided by you with the aim to (i) register you in the vidby application and create your vidby user account; (ii) create your profile; (iii) provide support, provide you with information about your user account, and respond to your requests; (iv) provide an individual approach by providing content (for example, information from other services) within the Service, including targeted advertisement of vidby sevices and partner services, which we believe may be of most interest to you; (iv) provide you with access to the Service and provide the requested information, products and services.
(ii) Technical support and security: We may use Personally Identifiable Information to provide technical support to you, where required, and to ensure the security of vidby and our services.
(iii) Updates: We use Personally Identifiable Information collected when you sign-up to send you the messages in connection with the Service or news related to it. We may also archive this information and/or use it for future communications with you, where we are legally entitled to do so.
(iv) Communications with or from us: When you send us an email message or otherwise contact us, we may use the information provided by you to respond to your communication and/or as described in this Privacy Policy. We may also archive this information and/or use it for future communications with you where we are legally entitled to do so. Where we send you emails, we may track the way that you interact with these emails (such as when you open an email or click on a link inside an email). We use this information for the purposes of optimizing and better tailoring our communications to you.
(v) Communications with our Business Partners, Advertising: We may share your Personally Identifiable Information with our business partners so that such partners may share information about their products and services that may be of interest to you where they are legally entitled to do so.
(vi) Disclosure to application providers and other third parties: We have the right to disclose your information, including your Personally Identifiable Information, to service providers and other third parties under contract who help us providing you and to other users with our Service on our behalf, or other services provided by third parties through vidby Services (including but not limited to investigation of fraud and spam activities, site analytics, provision of special partnerships opportunities with our Service - either without identification of users, or using a unique identifier, not tied to the identity of the user). This is necessary to protect the data they receive.
(vii) Disclosure to our Operations and Maintenance Contractors: We use various service providers, vendors and contractors (collectively, "Contractors") to assist us in providing our products and services to you. Our Contractors may have limited access to your Personally Identifiable Information in the course of providing their products or services to us, so that we in turn can provide our products and services to you. These Contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Service. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the Contractor to perform its limited function for us.
(viii) Government Authorities, Legal Rights and Actions: We may share your Personally Identifiable Information with various government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights or to protect our property; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. We also may share your Personally Identifiable Information when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of vidby, the Service, our users, customers, or others; and in connection with our Terms of Use and other agreements.
(ix) Disclosure to Acquirers: vidby may disclose and/or transfer your Personally Identifiable Information to an acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of vidby AG to which your Personally Identifiable Information relates.
Data Retention
Unless otherwise specified, we retain information as long as it is necessary and relevant for us to achieve the purposes referred to above or to enable us to comply with our legal data protection retention obligations. Upon deactivation of your account or revoking your consent on processing your data, we will minimize the personal data we keep about you only to such data which we are required to keep to comply with laws, or other legal reasons. We may keep activity data on a non-identifiable basis to improve our services. Your posts on public accounts and communities may remain available if you do not delete them.
Please note, we can store certain data of deactivated accounts in order to comply with legal requirements, prevent fraud, assist with investigations, resolve disputes, analyzes or troubleshoot programs, and with the aim to enforce vidby Terms of Use or undertake other actions provided by law. Likewise, if your account has been closed or temporarily disabled, we can save some information to prevent your re-registration.
Confidentiality and Security of Data
We consider the confidentiality and security of your information to be of the utmost importance. We will use industry standard physical, technical and administrative security measures to keep your Personally Identifiable Information confidential and secure and will not share it with third parties, except as otherwise provided in this Privacy Policy, or unless such disclosure is necessary in special cases, such as a physical threat to you or others, as permitted by applicable law. Because the Internet is not a 100% secure environment we cannot guarantee the security of Personally Identifiable Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. It is your responsibility to protect the security of your login information. Please note that e-mails communications are typically not encrypted and should not be considered secure.
Technical, organizational and other measures
vidby endeavor to ensure that the data disclosed by you are as secure as possible. To that end we constantly strive to improve and introduce new number of technical and organizational measures which protect your Personally Identifiable Information from unauthorized or unlawful processing and from unintentional loss, destruction or damage.
vidby aims at minimizing the processing of Personally Identifiable Information. We only process information which is indispensable or information which you provide us with your consent beyond the scope of the necessary processing.
As mentioned above in this Privacy Policy, we disclose your personal data to third persons in certain cases in which we have an obligation to do so. In such cases we choose trustworthy partners of whom we can be sure they are going to apply personal data protection standards that offer at least the same level of security as those adopted by vidby.
When personal data are transferred to state administration bodies, we use the most suitable and the most secure options offered by the given body.
Exercise of your rights
Right to information
vidby respect the principle of transparency of personal data processing. In accordance with this principle we will provide information to you on the manner in which your personal data are processed.
If you wish to know in general which of your Personally Identifiable Information we process, you may submit your request via support@vidby.com
If you wish to find out concrete Personally Identifiable Information which are processed directly for you, you can submit your request via support@vidby.com and specify which concrete piece of information you require. The information to which you are entitled is described in Articles 13 and 14 of the GDPR. If you do not submit specific requirements, your request will be viewed as a general request under the previous paragraph.
We need to point out that if we are not able to verify your identity electronically or if there is reasonable doubt as to your identity, we may ask you to submit proof of identity at the office of vidby AG. Only in this way we can rule out the possibility that your Personally Identifiable Information are disclosed to a person who only pretends to be you.
Your request will be handled in as short time as possible. But keep in mind that often this is a very complicated process which may take several weeks.
Right to Accessing, Reviewing, and Rectification Your Personally Identifiable Information
As a registered user, you can view and modify Personally Identifiable Information, confirm its accuracy and relevance, subscribe to the vidby or partner newsletter, at any time, using access to your account in the Application. Please remember to update your Personally Identifiable Information if it changes or becomes out of date.
If you reside or are located in the EEA, you have the right to request that we:
If you would like further information in relation to your rights or would like to exercise any of them, you may also contact us via support@vidby.com
In certain cases we cannot rectify your Personally Identifiable Information. This includes cases when your incorrect or outdated personal data are contained in documents which we have to archive by law.
Withdrawal of consent to personal data processing and right to be forgotten
If vidby process your Personally Identifiable Information on the basis of your consent with such processing, you can stop their further processing at any time. You only have to withdraw your consent to such processing.
You can also exercise your right to be forgotten. In such case vidby will destroy all your Personally Identifiable Information that we process. Exception is cases when the processing is performed on the basis of a statutory obligation or for a legitimate interest of vidby. Also in this case vidby may demand your identification before destroying the Personally Identifiable Information.
Additional Options
From time to time, we can send you messages about the activities and operation of our Service (for example, changes in policies, technical issues, etc.). We may also send notifications about our or third parties offers, which in our opinion may be of interest to you. If you do not want to receive such notifications, you can unsubscribe them in the system settings or by writing to us at support@vidby.com
Cookies and Tracking Technologies
When you visit the App and/or our Website, we and our business partners may use cookies and other tracking technologies for a variety of purposes. To learn more visit our Cookies Policy.
Questions, Suggestions and Complaints
If you have any privacy-related questions, suggestions, unresolved problems, or complaints you may contact us via support@vidby.com
If you reside or are located in the EEA, our Data Protection Officer and Privacy Team may assist with all queries regarding our processing of Personally Identifiable Information at support@vidby.com
If you reside or are located in the EEA, you may also make a complaint to our supervisory body for data protection matters (namely the Swiss Office for Personal Data Protection) or seek a remedy through local courts if you believe that your rights have been breached.
California Privacy Rights
Under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2022 will receive information regarding 2021 sharing activities).
To obtain this information, please send an email message to support@vidby.com with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.
International Privacy Practices
vidby Service is primarily operated and managed on servers located and operated within the Germany and USA. In order to provide our products and services to you, we may send and store your Personally Identifiable Information (also commonly referred to as personal data) outside of the country where you reside or are located, including to Germany and USA. Accordingly, if you reside or are located outside of Germany and USA, your Personally Identifiable Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personally Identifiable Information. We are committed to protecting the privacy and confidentiality of Personally Identifiable Information when it is transferred. If you reside or are located within the EEA and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the EEA to the extent feasible under applicable law.
Updating personal data protection principles
vidby keep the personal data protection principles up-to-date and in compliance with applicable legal regulations. For this reason they may be changed from time to time. We ask all our users to pay due attention to these principles.
Representative in the EU
To comply with all its obligations arising under the GDPR vidby appoints as of 25 of May 2018 the Representative, who represents vidby in the EU with regard of data processing (Representative). The Representative's task is to monitor compliance with the GDPR and in cooperation with the vidby's employees the Representative is your contact in EU for your enquiries, comments, complaints and claims regarding personal data protection.
Representative contact data:
vidby AG
Suurstoffi 8, 6343 Rotkreuz, Switzerland
Enquiries, comments, complaints and claims relating to the protection of personal data may also be submitted via support@vidby.com
In the event you read this policy in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail