Privacy Policy & Terms of Use for the Flik Flak App (Version 2.0.13)
The free Flik Flak app (the “App”), operated by Flik Flak, a division of the Swatch Ltd., Nicolas G. Hayek Strasse 1, 2502 Biel/Bienne, Switzerland (“Flik Flak”), is an educational medium enabling users to learn about time in general, how time is displayed on watches and how to tell the time.
Protecting the security and privacy of your personal data is important to Flik Flak. The company therefore conducts its business in compliance with the applicable laws on data privacy protection and data security. The provisions of these terms of use (“Terms”) inform users about how their personal data is handled as well as the context of application, liability and responsibilities.
1. Scope of application
Use of the App and its content is subject to previous agreement with the Terms. Use of the App indicates that the user accepts the validity of Terms in the respective version.
2. Service
Flik Flak makes certain information available to view on the App and allows the user to interact with the App in the prescribed ways and as programmed.
3. Download
The App can be downloaded by anyone on the platforms where the App is made available for download. Download does not require any registration with Flik Flak. For the conditions governing your interaction with the download platforms, please refer to these conditions of the relevant platforms. Flik Flak cannot influence or control these conditions under which the platforms allow download of the App by the user.
4. Rights of use for information, software and documentation
Use of the information, software and documentation made available in the App is governed by these Terms or, when information, software or documentation is updated, by the relevant and pertinent license terms previously agreed with Flik Flak. Separately agreed license terms, e.g. for software downloads, take precedence over these Terms.
Flik Flak grants the user non-exclusive and non-transferable rights to use the information, software and documentation made available in the App to the extent agreed or, in the event of no such agreement, in a manner consistent with the purpose intended by Flik Flak in the act of providing and making this information, software and documentation available.
The user may not at any time sell, lease or otherwise make available to third parties the information, software or documentation.
5. Intellectual property
This App together with any information, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, product and corporate designations, as well as all software contained in this App and all other files, and their selection and arrangement (the "App Content"), are subject to legal protection, in particular copyright, trademarks and design rights held by Swatch Ltd., its affiliates, its users or its licensors with all rights reserved. No App Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Flik Flak's prior written permission. In addition, no digital content whatsoever may be copied into other programs without the prior written approval of Flik Flak.
6. User obligations
When using the App, users may not:
- contravene the rules of good conduct during usage;
- infringe intellectual property rights, incl. copyrights, or other property rights;
- transmit content containing viruses, Trojan horses or other programs that can damage software;
- enter, store or send hyperlinks or content without authorization to do so, particularly when such hyperlinks or content violate confidentiality obligations or are unlawful; or
- distribute advertising, unsolicited e-mails (“spam”) or false warnings of viruses, malfunctions and such like, or invite people to participate in sweepstakes, Ponzi schemes, chain letters, pyramid schemes or similar actions.
Flik Flak is entitled to block access to the App at any time, particularly if users has violated their obligations under these terms of use.
7. Disclaimer
The information provided by Flik Flak is carefully reviewed, updated and made available at regular intervals. Flik Flak does not, however, make any guarantee for the correctness, completeness, suitability and topicality of contents on the App. Furthermore, Flik Flak assumes no liability for the uninterrupted availability of the mobile network and App.
Obvious errors and defects can be reported to flikflak@swatch.com. However, if the App malfunctions, Flik Flak cannot always offer support. Likewise, Flik Flak shall not be liable – to the extent permitted by law – for any material or immaterial damages arising from use of the App or due to a technical fault.
Data exchange with Flik Flak within the scope of the functions made available by the App takes place via an up-to-date Internet connection which complies with current security requirements (https). Nevertheless, Flik Flak cannot assume any liability for functionality or secure data transmission. There is always a risk that data sent unencrypted outside of the App and secure connection may be lost and/or accessed by third parties. The App uses data volumes which may result in additional costs being charged by your mobile network provider.
8. Data protection
Flik Flak does not collect any personal data (e.g. names, addresses, telephone numbers, email addresses) from or through the App.
Communication and user-related data
When users access the App via telecommunications services, communication-related data (e.g. Internet protocol address) and usage-related data (e.g. data on the commencement and duration of usage and on the telecommunications services used) are automatically generated by technical means. This data could possibly enable the telecommunications provider to draw inferences concerning your personal data. Flik Flak has no access to this information. Whenever it is absolutely necessary to collect, process and use your communication-/user-related data, such activity is conducted in compliance with the laws and regulations applicable to data protection.
Non-personal data collected automatically
When users access the App, we may automatically (i.e. not by registration) collect non-personal data (e.g. operating system used, number of visits; average duration of visit; pages viewed), for example by using Google Analytics. Flik Flak uses this information to determine the popularity of the App and improve its performance and content.
Right to information
Users are entitled to obtain written information on the nature, extent and content of their saved personal data at any time. To do so please contact:
flikflak@swatch.com.
9. Supplementary agreements, place of jurisdiction, applicable law
Supplementary agreements must be made in writing.
Flik Flak accepts no responsibility for the fact that information, software and/or documentation on the App may be viewed or downloaded at locations outside of Switzerland. If users access the App from outside Switzerland, they are exclusively responsible for compliance with all applicable local laws. Access to information, software and/or documentation on the App from countries where such access is unlawful is prohibited. In this case and where users seek to do business with Flik Flak, they should contact a Flik Flak representative in Switzerland.
Flik Flak reserves the right to make changes to the App at any time and without prior notice. Likewise, Flik Flak reserves the right to change these Terms at any time. Changes shall be indicated appropriately and users may delete the App free of charge at any time.
All questions and disputes in connection with the App are subject exclusively to Swiss law. Sole jurisdiction is Biel/Bienne.
Effective Date of these Terms: 3rd of July, 2016.
