Last updated: November 1st, 2024
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Poncho (hereinafter also: “we” or Poncho) places the protection of the personal data of its Users at the center of its concerns. As such, it is aware that the increasing use of IT tools and information systems requires the implementation of technical and organizational measures aimed at effectively protecting your Personal Data and your private sphere. We want you to feel safe using our service. By adopting this Privacy Policy, Poncho  wishes to inform you of the conditions of the processing of your Personal Data, in particular concerning the collection, use, disclosure, transfer and protection of information applying to our website and/or our WebApp (collectively or individually: the “Site”), services and features (collectively the “Services”), and the choices available to you. It is important that you read this Privacy Policy together with any other privacy or fair treatment notices that we may provide to you on certain occasions when we collect or process Personal Data about you so that you are fully aware of how and why we use your Personal Data. The Personal Data that you communicate to Poncho when you use its Site and its Services are processed in accordance with the Swiss federal law on data protection of June 19, 1992 (RS 235.1; LPD).

1. GLOSSARY

• User account: the personal account created on the Site by a registered User and allowing the latter access to the Services;
• General Conditions of Use: these General Conditions of Use or T&Cs of Poncho ;
• Content: software, photos, videos, texts, graphics, music, sounds, creative suggestions, messages, comments, reactions, ideas, notes, drawings, articles and other documents (non-exhaustive list) that the Site or the Services can / can contain ;
• Personal data: all information relating to an identified or identifiable person (art. 3 letter a of the Federal Law on Data Protection; LPD; RS 235.1);
• Partners: companies with which we have a partnership in order to offer our Services and / or offer their Services through our Site and / or advertising partnerships;
• Parties: Poncho and the Users;
• Poncho: the company operating the Site and the Services;
• Privacy Policy: the document providing information on the nature of the Personal Data collected by Poncho and the purposes for which it is used;
• User Profile: the User Account interface allowing a Registered User to add, modify or correct information concerning him;
• Intellectual property: intellectual property rights, including copyrights, registered designs, rights to models and designs, rights to patents, rights relating to databases, trademarks, trade secrets, know-how or any other property right or industrial right, whether registered or not;
• Services: all the services and functionalities (tools, application and characteristics) made available by the Site after registration;
• Site: the site useponcho.com and the WebApp useponcho.io as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto;
• User: any person accessing and browsing the Site;
• Registered user: any person accessing and browsing the Site and having a personalized User Account;
• You: a term for any User or Registered User;
• WebApp: the WebApp useponcho.io

2. INTRODUCTION

1. Poncho, along with its subsidiary Bluveyl EU (registered in Paris, France under SIREN 927 622 241 acting as registered insurance intermediary with ORIAS License no. 2400 3598), offers and distributes insurance products to individuals and entities domiciled in Switzerland and European Union countries. By using our Site and Services, you fully understand and agree to the terms of this Privacy Policy.
2. This Privacy Policy only applies to Data that we collect when you use the Site and the Services and does not apply to any website that uses the Site and the Services or any other website linked to the Site and the Services. Services. We are not responsible for the practices put in place by websites linked to the Site and the Services, including Partner Sites, or for the information or content they contain. Remember that when you use a link to go from the Site to another website, our Privacy Policy is no longer applicable, nor does it apply to Partner Sites. Your browsing activity and your interaction with any other website, including those you access from the Site, are subject only to the privacy policy of the relevant website.
3. The Site and its Services are not intended for people under the age of 18. We do not knowingly collect Personal Data from minors. If we learn that we have collected Personal Data from a minor, we will delete it. If you believe that we may have collected Personal Data from a minor, please contact us using the following email address: data@useponcho.com. Data transmitted by a person over 18 years of age giving information on a minor of whom they are the legal representative, as well as any Data transmitted by an adult, are not affected by this exclusion.

3. ACCEPTANCE AND MODIFICATION

By using the Site and / or the Services, you understand and agree that we will process your Personal Data and the data you provide to us, in accordance with this Privacy Policy.
We reserve the right, at our sole discretion, to amend all or part of this Privacy Policy at any time. In the event of modification of this Privacy Policy, your consent with the changes made will be requested from you upon the first use of the Site since the modification either by email or by a message on the Site at our discretion. In case of refusal, you will no longer be able to use the Site.
The current version can be found on the Site at all times.

4. THE DATA WE COLLECT ABOUT YOU

1. Personal Data means any information about an individual from which that person can be identified. It does not include data for which the identity has been deleted (anonymized data).
2. We may thus collect, use, store and transfer different types of Personal Data concerning you which we have grouped together as follows:
   
   1. Identity data, which includes first name, last name, username or similar identifier and date of birth.
   2. Contact data, which includes email, telephone numbers and postal address.
   3. Technical data, which includes the Internet Protocol (IP) address, cookie ID (see art. 7), device ID, your connection data, browser type and version, setting and the time zone location, browser plug-in types and versions, operating system and platform, and any other technology on the devices you use to access the Site.
   4. Profile data, which includes the status of your User Profile, the date and time of your last login, and the date and time of your registration for the Service.
   5. Banking data, which includes your bank account details to allow us to pay out any insurance claim.
   6. Usage Data, which includes information about how you use the Site and/or the Services to provide you with personalized solutions: any Personal Data you entrust to us to carry out the Services. As an administrator, members of our staff may, in the course of their work, view your Data and enter your Account, in order to understand the issues related to your own property rental process. and search for accommodation and to be able to help you in the best way possible. Our employees are subject to a confidentiality clause; they are therefore totally prohibited from disclosing your Personal Data, under penalty of heavy legal proceedings.
   7. We draw your attention to the fact that you must have obtained express prior consent for any information indicated above that you may communicate to us about a third party. The third party must also be made aware of the fact that the information that will be given about him/her may be transferred to our Partners, either free of charge or against payment, in the sense of art. 6.
3. We also collect, use and share aggregated data such as statistical or demographic information for any purpose. Aggregated data may be derived from your Personal Data but is not considered Personal Data under the law, as such data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific feature of the Site and/or Services, to improve our Services or for statistical purposes. However, if we combine or connect aggregate data with your Personal Data, so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.
4. We do not collect any category of so-called Sensitive Personal Data about you (including information about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). We also do not collect information on criminal convictions and offenses.

5. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect your Personal Data. Data collected by Poncho

• Direct interactions. This includes Personal Data that you provide to us when, in particular, you create a User Account, use our Services, give your opinion, transmit documents or information through our Site.
• Information about the log file. Information in the log file is automatically reported by your browser each time you access a web page. When you use our Site and / or our Services, our servers automatically record certain information in the log file. These server logs may collect technical data such as your IP address, browser type, and information on the number of clicks and how you interact with links on the Site, Partner Sites, domain names, landing pages, pages viewed and other similar information.

Data collected by third parties

• Automated technologies or interactions. When you interact with us, our Site and / or our Services, we may automatically collect technical data on your equipment, your browsing actions and your habits. We collect this Personal Data by using cookies, server logs and other similar technologies described below.
• Cookies. When you use the Site and / or the Services or visit a partner site using the Site, we send one or more cookies to your computer that uniquely identify your browser. Cookies help you connect faster and improve your browsing on the Site. We also use cookies to collect technical data and information on how you use the Site and / or Services and Partner Sites (for example: the pages you visit, the links you click and other actions you take), to track your use of the Services on the Partner Sites over time, and to personalize the Content we show you. We may use both persistent cookies, which remain on your hard drive after you close your browser, and session cookies which end when you close your browser. Many browser settings can be configured to refuse cookies or notify you when a website attempts to place a cookie. If you have any questions about these features, please consult your browser manufacturer. However, you note that some functions of the Site and / or the Services may not function properly or not be accessible if the ability to accept cookies is disabled. Certain cookies are essential for the operation of the Site, which cannot be accessed without their acceptance.
• Third parties or publicly available sources. We may receive Personal Data about you from various third party services, as indicated below.
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  o Technical data of the following parts:
   ▪ analytics service providers such as Google, headquartered outside the EU.
   ▪ the Partners listed in this Privacy Policy for whom we refer to the Partners page of the Site.
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  o Identity and contact data from connections or connections of third parties (eg Facebook Connect, Google or Twitter by “following”, “liking” or by linking your account to the Site).

6. HOW WE USE YOUR PERSONAL DATA (PURPOSES OF PROCESSING)

Poncho processes your Personal Data for the following purposes:

• enforce the T&Cs;
• continue to improve the Services;
• allow the management of the Site and the Services and provide the Services offered;
• continue to improve the Site;
• manage customer relations;
• ensure the security of the Site, detect and prevent abuse;
• suggest new Services to you and for marketing purposes;
• erase or rectify your Personal Data or those that you have transmitted to us;
• send you automatic email reminders during the process of using the WebApp and / or the Site. These emails include reminders when a task has not been performed. These emails are an integral part of the Services and are not treated as a newsletter. You can, however, unsubscribe from such emails by clicking on the link contained for this purpose in the email;
• offer you contests by email, letter or SMS, with the possibility of unsubscribing at any time;
• send your Data to our Partners, in accordance with the section “Transfer to third parties and processing by them” below;
• send you newsletters and other newsletters, with your consent, for marketing or other purposes, by email or SMS.

Where required by law, Poncho works with government and legal officials to enforce and comply with applicable law. In this case, the Personal Data may be transmitted to government or legal representatives if the controller deems it necessary to comply with their legal obligations to respond to legal actions or proceedings (including, in particular, subpoenas attached to them), to defend their rights, to protect public safety or of any person, to prevent or prevent any activity which may be considered or which presents the risk of being unlawful or liable to criminal prosecution.

Transfer to and processing by third parties

You agree that Poncho  will use and transfer for commercial purposes, including by making available to Partners, free of charge or for a fee, all or part of the Personal Data that you have transmitted to us or that we have collected through your use of the Site and/or Services or which have been transmitted in the context of a commercial relationship.

All of our Partners, to whom we make your Personal Data available free of charge or against payment, are headquartered in Switzerland or the EU and are subject to the relevant data protection law.

The list of Partners to whom data has been transmitted can be requested at any time by registered letter or by email to data@useponcho.com.

7. COOKIES AND TOOLS USED

Cookies are treated in accordance with our Cookie Policy, which is an integral part of this Privacy Policy.
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Cookies help in several ways to make your visit to our Site easier, more enjoyable and more meaningful. Cookies are information files that your browser automatically saves on your computer’s hard drive when you visit our Site. Cookies do not damage your computer’s hard drive and User Personal Data is not transmitted to us by these cookies. For example, we use cookies to better tailor information, offers and advertising to your individual interests. Their use does not mean that we receive new Personal Data about you as a User or Registered User. Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or that a note always appears when you receive a new cookie.

Disabling cookies may mean that you cannot use all the functions of our Site. If you decide not to place cookies on your computer while browsing our Site, you understand that your experience may be limited and that you may not have access to all functions and pages.

We therefore use cookies and other tracking technologies to know the pages you have visited on our Site, for traffic analysis and optimization purposes as well as for additional targeting as part of our marketing campaigns. online.
The cookies we use cannot be used to discover your identity.

The list below describes the cookies we use and their use:

Cookies necessary for operation

These cookies are strictly necessary to provide you with the services available on a website and to use some of its features, such as accessing secure areas. Since these cookies are strictly necessary for the proper functioning of a site, they are not subject to consent. You can block or delete them by changing your browser settings, but this will affect your experience with the operation of the site.

Examples:

• Remember if you have visited this site before and remember your preferences
• Remember if you have closed “pop-ups” (alert messages) for 30 days. This will help us to avoid spamming our users (sending email in an untimely way). Without cookies, we would display pop-ups every time a page is reloaded.
• Stay connected to the site when you leave it and then come back.

We also use cookies to save your cookie preferences. No Personal Data is collected there. They are kept for 12 months.

Analysis and performance improvement cookies

Google Analytics

We use the Google Analytics service. This tool collects information allowing us to understand interactions with our Site, to refine this experience by improving the Site but also above all to better understand our visitors. You have the option of blocking these cookies or deleting them by changing your browser settings or by installing the browser add-on for disabling Google Analytics.

Functionnal cookies

Stripe

The chosen payment solutions provider (Stripe) uses cookies to authenticate the user, detect and prevent fraud attempts, provide certain services on its site, monitor its services and support its marketing strategies. A full description of Stripe’s cookie policy is documented online at https://stripe.com/en-nl/privacy. Stripe cookies are essential for payment transactions and Poncho cannot provide any of the payment dependent Services if these cookies are disabled by the User.

Targeting cookies

Facebook and Facebook Pixel

Facebook collects information that helps us understand how you interact with our Site and better understand our audience. We also use it to make our Content and / or our Services known to a qualified audience. These cookies (valid for 12 months) collect IP addresses and track your online activities over time, on different sites or other online services, automatically collecting information relating to navigation on the Site.

These technologies can “recognize” you on the different devices you use, such as a desktop or mobile computer, your smartphone or your tablet. Third parties (advertisers) use this information to serve advertisements about products and services tailored to your interests. These ads can appear on other sites or mobile apps from any of your devices.

Please note that at no time do we have access to the information collected by these cookies but that we can use it globally, via the Facebook advertising platform, to offer content or services similar and / or complementary to those that you have viewed on this site. This process also allows us to manage and monitor the effectiveness of our marketing efforts.

The Facebook Pixel also allows us to measure the impact of our publications on Facebook as well as for advertising purposes: creation of audiences and targeting of Site visitors (retargeting).

To learn more about the use of visit https://www.facebook.com/policies/cookies/. Facebook cookies, please

By default and in accordance with the law, these cookies are not activated on our Site without your consent.

Linkedin Insight Tag

The LinkedIn Insight Tag installed on the Site allows us to act for marketing and advertising purposes. In particular, we can measure the impact of our publications on LinkedIn for the Poncho page, create audiences of Site visitors and display advertisements to them on LinkedIn (Retargeting).

Youtube

We use Youtube to post videos on our Site. These cookies support the “video” functionality and deleting them may prevent our videos from being viewed.

These cookies collect IP addresses and track your online activities over time and across various websites or other online services by automatically collecting video viewing information on our Site. These technologies can “recognize” you on different devices that you use, such as a desktop computer or a mobile device, either your smartphone or your tablet.

Third parties (advertisers) use this information to serve advertisements about products and services tailored to your interests. These ads may appear on other websites or mobile apps from any of your devices.

Note that at no time do we have access to the information collected by these cookies, but that we can use it globally, via the Google advertising platform, to offer videos similar and / or complementary to those you have watched on This site. This process also allows us to manage and monitor the effectiveness of our marketing efforts.

To learn more about Google’s use of cookies, Please visit https://policies.google.com/technologies/cookies#types-of-cookies.

By default, and in accordance with the law, these cookies are not activated on our Site without your consent.

Google Ads

Google Ads is Google’s advertising platform. We use it to advertise our Content and / or our Services to qualified audiences. These cookies (valid for 12 months) collect IP addresses and track your online activities over time, on different sites or other online services, automatically collecting information relating to navigation on the Site.

These technologies can “recognize” you on the different devices you use, such as a desktop or mobile computer, your smartphone or your tablet. Third parties (advertisers) use this information to serve advertisements about products and services tailored to your interests. These ads can appear on other sites or mobile apps from any of your devices.

Note that at no time do we have access to the information collected by these cookies, but that we can use it globally, via the Google advertising platform, to offer content or services similar and / or complementary to those you have viewed on this site.

This process also allows us to manage and monitor the effectiveness of our marketing efforts.

To learn more about Google’s use of cookies, Please visit https://policies.google.com/technologies/cookies#types-of-cookies .

In accordance with the law, these cookies are not activated on our Site without your consent. The fact of continuing to navigate without formally accepting is assimilated to tacit acceptance in accordance with the law.

Google Optimize

Google Optimize is a testing and experimentation platform. We use it in particular to test variations of pages. Randomly, 50% of visitors will see variant A and the other half will see variant B. After a certain number of visits, we could figure out which page performs best and only keep the best.

Google Optimize uses Analytics cookies to “identify” visitors of the different variants in order to count them and allow us to compare, on the one hand, and to ensure that a visitor who returns to the site will see the same page, from somewhere else. No Personal Data is collected.

You can give or withdraw your consent to us for the use of advanced features of Google Analytics (including Optimize) at any time.

Hotjar

We use Hotjar to better understand the needs of our users and to optimize our Site, Services and your experience.

Hotjar is a technology service that helps us better understand our users’ experience (for example, how much time they spend on which pages, which links they choose to click, what users like or dislike, etc.), which allows us to better manage and maintain our Site and our Services.

Hotjar uses cookies and other technologies to collect Data on the behavior of our users and their devices. This includes the device’s IP address (processed during your session and stored in an unidentified form), device screen size, device type (unique device identifiers), browser information, location geographic (country only) and preferred language of display of our Site.

Hotjar stores this information on our behalf in a user profile under a dedicated username. Hotjar is contractually prohibited from selling the Data collected on our behalf. Pour plus de détails, veuillez consulter la section « à propos de Hotjar » sur : https://hotjar.com/

By default and in accordance with the law, all the cookies mentioned in this article are not activated on our Site without your consent. We draw your attention that by continuing to browse, you consent to the deposit of these cookies

8. YOUR CHOICES REGARDING THE COLLECTION OF YOUR PERSONAL INFORMATION

a. Consult and modify Data relating to your Account. Each Registered User can view their Personal Identity, Contact and Profile Data. Each Registered User may view, update or correct their Personal Identity, Contact and Profile Data by editing their User Profile for the Data contained therein, which is located in their User Account. For Data that does not appear in the User Profile, to update or correct said Data, the Registered User must send us an email to the following address: [contact email address]

You can also completely delete (deactivate) your User Account at any time by making a request by email at data@useponcho.com.

b. Unsubscribe from newsletters and any promotional emails. You can unsubscribe from our newsletters and promotional emails at any time by using the unsubscribe mechanism contained in these emails (also called “unsubscribe”). Please note that unsubscribing from Poncho emails will unsubscribe you from the Poncho newsletter. On the other hand, you will always receive the transactional emails necessary for the operation of the Poncho Services, in particular emails confirming that you have created a new User Account, emails helping you to reset your password, reminder emails

c. Accept or refuse cookies. If you do not want to accept our cookies, you can adjust your browser settings to refuse all or some cookies. However, you should note that some parts of the Site may not function properly if you decide not to accept all or part of these cookies, some of them being essential for the Site to function properly.

d. We will only use your Personal Data for the purposes for which we collected it, unless we reasonably believe that we need to use it for another reason and that reason is compatible with the original purpose. In the event of a change of purpose, we will communicate this new purpose to you by email. If you would like an explanation of how the processing for the new purpose is compatible with the original purpose, please contact us at [contact email address].

9. DATA CONTROLLER

“Controller” means the entity or private person who decides on the purpose and content of a file containing Personal Data.
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The Data Controller is Poncho.

For any questions regarding the processing of your Personal Data or this Privacy Policy, or to exercise the rights conferred by the DPA, you may contact Poncho using the following email address: data@useponcho.com. In addition, you will be asked to provide proof of identity; this Data is used for identification purposes only and will not be processed for other purposes.

10. DATA RETENTION PERIODCONTROLLER

Unless the User requests its deletion, we will keep your Personal Data for up to 5 years after your last use of the Services, subject to a legal obligation (accounting data, for example) or a preponderant interest of Poncho to retain Personal Data (in order to be able to defend our rights in the event of a dispute, for example).

The retention of this Data is also intended to facilitate your future use of the Services.

In the aforementioned cases allowing us to keep Personal Data for a period of more than 5 years after your last use of the Services, the retention period depends on legal requirements and / or the limitation period for possible legal actions.

11. DATA STORAGE

Personal Data processed by Poncho is stored in Switzerland and/or an EU country.

12. SECURITY

Poncho takes adequate technical and organizational measures to prevent the improper access, disclosure, modification, leakage or unauthorized destruction of Personal Data collected by the Site and/or the Services. Technologies and security measures, rules and other procedures, security barriers (firewalls) as well as password protection methods that meet industry standards are used to protect Personal Data. You are responsible for maintaining the secrecy of your password, account information and controlling access to your email communications with Poncho. Your attention is, however, drawn to the fact that using the Internet is by definition not secure, and that it involves certain risks for Personal Data. While browsing the Internet, it is your responsibility not to compromise the security of Personal Data concerning you or third parties, by exercising due diligence to avoid promoting malicious acts and / or malicious software such as Trojans, computer viruses or worms. Finally, Poncho is not responsible for the functionality or security measures of third parties. In the event that the Personal Data has been improperly accessed by an unauthorized person, or if there is reason to believe that it has been, Poncho will notify you without delay by email.

13. RIGHT TO INFORMATION, CORRECTION; DELETION AND LIMITATION OF PROCESSING

You have the possibility, free of charge and at any time, to:

• ask Poncho whether it is processing Personal Data about you;
• access Personal Data about you processed by Poncho (i.e. right of access), subject to Poncho’s overriding interest in restricting access to certain Personal Data;
• ask Poncho to modify erroneous Personal Data or to update them, this modification request having no retroactive effect;
• continue trequest the erasure of your Personal Data processed by Poncho, subject to Personal Data that Poncho has a legal obligation to keep (accounting data, for example) or that Poncho has a predominant interest in keeping (in order to be able to defend its rights in the event of litigation, for example). This request for deletion does not have a retroactive effect.o improve the Site;

To exercise any of these rights, a written request must be sent to Poncho  email at data@useponcho.com. In addition, you will be asked to provide proof of identity; this Data is used for identification purposes only and will not be processed for other purposes. This process is free.

Poncho responds to requests for access or rectification within 30 days at most of receipt of the written request.

Finally, you can inform us of your instructions (destruction or transfer to a third party, cf. clause 14) concerning your Personal Data that we may have in the event of death.

14. REQUEST FOR ACCESS AND PORTABILITY OF DATA

As part of an access request, we undertake to deliver the scanned Personal Data to the data subject in a usual electronic format (i.e. Data portability). If Personal Data should not be scanned, we may, at our discretion, deliver the originals, copies or scanned copies (in a customary electronic format). The data subject may request that their Personal Data be provided to a third party of their choice. We reserve the right to require written consent from the data subject covering the terms and conditions for the delivery (or transfer) of their Personal Data, including the name and contact details of the third-party entity to whom Poncho is required to deliver it.

15. FRIENDLY SETTLEMENT OF CONFLICTS CLAUSE

In the event of a dispute or disagreement arising between Poncho  and the User in connection with this Privacy Policy and/or the General Conditions of Use, including their interpretation, the Parties undertake to do their best to find an agreement. amicably. Failing agreement, the Parties undertake to settle any dispute through mediation. The seat of the mediation is in Lausanne and only Swiss law is applicable. As a result, the Parties refrain from entering any legal proceedings before having attempted this alternative method of conflict resolution. In the event that Poncho ’s important interests are at stake, the latter reserves the right to act before the ordinary courts by means of a request for superprovisional or provisional measures without having to act by way of prior mediation.

16. APPLICABLE LAW AND PLACE OF JURISDICTION

This Privacy Policy is governed solely by Swiss law. Any conflict in direct or indirect relation to the Privacy Policy shall be governed solely by Swiss law, with the exception of the rules on conflict of laws. Any dispute between the persons concerned and Poncho  arising, directly or indirectly, from the Privacy Policy falls within the sole jurisdiction of the ordinary courts of Lausanne, with recourse to the Federal Court being reserved.