Wilmaa Ltd. (hereinafter referred to as "Wilmaa") operates an interactive Web TV on the websites "www.wilmaa.com" and "http://watch.wilmaa.com" (hereinafter "Websites"), as well as via mobile apps ("Mobile Apps"), and offers customers in this context a variety of both free and fee-based web services (hereinafter "Web Services"). To use the Web Services offered by Wilmaa, customers must register online at Wilmaa and enter their personal data for the registration process.
The following office is responsible for the collection, storage, processing, and disclosure of the personal data of customers:
Customers are entitled to request information about their personal data stored by Wilmaa from the responsible office free of charge at any time. The customers will be given the opportunity to correct or delete their personal data. They can make appropriate requests for information, amendment, cancellation, deletion or blocking of their data in writing (by e-mail or post) to the above mentioned office of Wilmaa.
Personal data shall mean any information relating to an identified or identifiable natural person. This includes for example the name, telephone number, address and all person-related master data that customers disclose to Wilmaa during the registration and user account creation. It does not include statistical data that Wilmaa collects during visits to their Websites and Mobile Apps, for example, and which cannot be directly linked to specific customers.
For every customer who registers, Wilmaa creates a password-protected direct access ("Account").
To activate the user account, an e-mail address, password, first name, gender, postal code and date of birth are required. Other personal data may also be entered in the Account (address, location, etc.). If the customer wants to purchase a fee-based Web Service, the first and last name, home address and credit card information can or must be provided during the payment process.
Customers undertake to handle the personal login data for access to the Websites and Mobile Apps confidentially and not make them available to unauthorized third parties. Wilmaa assumes no liability for the abuse of login data.
Wilmaa collects, stores and processes the personal data of customers in accordance with the Swiss Data Protection Act, in particular for the following purposes:
Wilmaa may also use the personal data of customers and automatically generated information for marketing purposes, particularly for personalized advertising that is tailored to the interests of customers. Customers are however entitled to restrict or prohibit the use of their personal data for marketing purposes by means of a written declaration (by e-mail) to the responsible office of Wilmaa.
newsletter, i.e., customers will only receive the newsletter by e-mail if they have previously expressly confirmed that they wish the newsletter service to be activated by Wilmaa. If customers wish to cancel the newsletter, they can do so either by written notification (by e-mail or post) to the responsible office pursuant to section 2, or unsubscribe by clicking on the unsubscribe link.
Subject to the following exceptions, Wilmaa does not disclose or make available the personal data it has collected to third parties. Personal data may be disclosed to third parties in the following cases:
i) for the legal protection of customers;
ii) to comply with legal requirements;
iii) to fulfil a judicial or administrative decision;
iv) to defend and protect the rights of the customer;
vi) to resolve technical difficulties on the Websites and Mobile Apps;
vii) to work with business partners and auxiliaries of Wilmaa, where the disclosure of data is required for order fulfilment. In these cases, the disclosure of data shall be limited to the minimum necessary for the order fulfilment. In particular, credit card details will be forwarded to the appropriate credit card organisation for execution of the contract for fee-based Web Services.
viii) for cooperation with service partners of Wilmaa, which support Wilmaa primarily in its marketing activities.
Cookies are files that are stored on the customer's hard disk. They save the specific settings and data for interaction with the website via the customer's browser. Most of the cookies used by Wilmaa are deleted from the customer's computer after the browser-session ("session cookies"). Session cookies are required, for example, to offer customers login information across multiple web pages. Other cookies remain on the customer's computer even after the browser session and enable Wilmaa to identify the customer's computer the next time it visits the Websites again ("persistent cookies"). The use of persistent cookies also makes it possible to design the web pages and its offers in conformity with the customer and makes it easier for the customer to use the website, for example by storing specific customer inputs so that they do not have to be entered repeatedly.
No personal data of the customers are stored in the cookies used by Wilmaa. An assignment of the identification number to the personal data of the customer is not possible at any point and will not be made. The cookie technology only enables Wilmaa to receive anonymous information about which pages of the website have been visited, which Web Services or products were viewed, etc.
It is Wilmaa's objective to continuously optimize its services and adapt them to the needs of its customers. For this purpose, Wilmaa may analyse the data provided by customers during registration as well as the automatically collected access data. Any such analysis of data is carried out anonymously. Furthermore, Wilmaa automatically uses collected data for anonymous statistical evaluations. Wilmaa does not carry out a personal analysis of this data and separates them strictly from the associated personal information. Access to the Websites may also be additionally measured and audited by external, neutral advertising and research companies (e.g. NET-Metrix). This authenticated access data are used as proof of the reach in marketing and sales campaigns. This audit however does not include any personal analysis of data.
When customers visit the Websites, advertising partners of Wilmaa additionally capture the interests of customers via cookies, such as type of consumed programmes/contributions (e.g. category Sport). These cookies are completely anonymous and contain no personal data. Cookies are also used to limit the repetition frequency of advertisements, to show content and advertising that are consistent with the interests of customers or customer groups.
The acceptance of cookies is not a requirement to visit the Websites (see section 7 for disabling cookies). Customers are however cautioned that the use of these Websites may be limited if the "cookies" feature is disabled.
Plug-ins from various third-party providers of social media platforms (Facebook, Google+, etc.) are integrated in the Websites and Mobile Apps. When accessing the Websites and Mobile Apps where plug-ins of such third-party providers have been placed, data may be automatically transmitted to the third-party provider. If customers are logged in at the same time on the network of a third party, the visit to the Websites and Mobile Apps may be assigned to their network account. Wilmaa has no influence on the way this data transmission is carried out.
If customers do not want third-party social media platforms to collect information about them via these plug-ins and cookies, they can select "Block third-party cookies" in their browser settings.
In addition, the Websites and Mobile Apps of Wilmaa may contain third-party offers (product offers, promotions, competitions and the like) as well as links to offers or Websites. Wilmaa accepts no responsibility for the collection and processing of personal data by these third parties.
With every visit of customers to the Websites, usage data are transmitted by the Internet browser and stored in log files, the so-called server log files. The thus saved dataset contains the following data: date and time of access, name of the requested page, IP address, referrer URL (URL of origin from which the website was visited), amount of data transmitted, as well as product and version information of the browser and operating system used.
The IP addresses of the customers will be deleted or made anonymous after cessation of use. To make anonymous means that IP addresses are changed in such a way that details of personal or material circumstances can no longer – or if so, only with disproportionate investment of time, cost and efforts – be associated with an identified or identifiable natural person. This log file data set will be evaluated by Wilmaa anonymously to further improve the offers of the Websites and make it more user-friendly, to find errors and resolve them more quickly and to manage server capacity.
With this, the customer agrees that so-called cookies will be used and that therefore usage data will be collected, stored and deployed in the aforementioned extent. The customer also agrees that his or her data will be stored in cookies after the end of the browser session and can be retrieved, for example, the next time they visit the website again. Customer can revoke their consent at any time with effect for the future by refusing to accept cookies in their browser settings.
Customers can enable in the browser settings that the cookies only be stored after they have given their agreement. If customers only wish to accept cookies of Wilmaa, but not cookies of third parties, they can select "Block third-party cookies" in their browser settings.