Politique de confidentialité

As the operator of the marketplace made available under the Yatzo brand at www.yatzo.com (the “Site”), we (hereinafter: “Yatzo”, “we”, “us”) are fully aware that collecting your Personal Data involves far more than merely complying with legislation and is, above all, a matter of trust.

We appreciate the trust you have placed in us, and it is our priority to achieve the highest level of confidentiality and security in protecting your Personal Data.

We invite you to read our Privacy Policy carefully.

This Privacy Policy gives you the information which must be provided to you under:

• the Data Protection Act 2018 of the Isle of Man and the Data Protection (Application of GDPR) Order 2018 (together, the “Applied GDPR”);
• the Swiss Federal Act on Data Protection (the “FADP”);
• the European General Data Protection Regulation (the “EU GDPR”); and
• the Data Protection Act 2018, as amended by regulations made under the European Union (Withdrawal) Act 2018, currently known as the “UK GDPR”.

Terms that are not defined in this Privacy Policy (“Privacy Policy”) shall have the same meaning as in the General Terms & Conditions (the “Terms of Use”).

By using the Website, you accept the practices described below.

1. Additional Definitions

The definitions contained in the Terms of Use are incorporated into this Privacy Policy by reference. In addition:

• “Disclosure” means making personal data accessible, for example by granting access to, transmitting or publishing it.
• “Consent” means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she signifies agreement to the processing of personal data relating to him or her.
• “Personal data” means any information relating to an identified or identifiable natural person, including any reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
• “Data file” means any set of personal data that is structured in such a way that the data are accessible by reference to the data subject.
• “Controller of the data file” means the person who decides on the purpose and content of a data file.
• “Processing” means any operation performed on personal data, irrespective of the means and procedures applied, in particular the collection, storage, use, modification, disclosure, archiving or destruction of data. The verb “to Process” refers to any of these operations and is used in a generic sense.
• “Yatzo Network” means the websites and applications made available under the Yatzo brand, each of which is operated independently by the entity identified in its legal notices.

2. Controller of the data file

The controller of the data file — that is, the person legally responsible for the purpose and content of the data file — is the entity of the Yatzo Network which operates the Site. That entity is identified, together with its registered address, company registration number and contact details, in the Legal Notices (shown on some websites as “Impressum” or “Mentions légales”), which are reached from the footer at the bottom of every page of the Site. In case, no such entity is identified, the controller is Yatzo Management Services Limited, a company limited by shares incorporated under the laws of the Isle of Man under company number 138901C, trading as “Yatzo Ltd”, having its registered office at 9 Athol Street, Douglas, IM1 1LD, Isle of Man, which can be reached by email at info@yatzo.com.

For any question concerning the processing of your personal data, please use the contact details set out in Section 11 below.

2.1 Other websites in the Yatzo Network. Every other website in the Yatzo Network is operated independently by the entity identified in the Legal Notices reached from the footer of that website, which alone is the controller for the processing carried out through it and is responsible for it. Each such controller is separate and independent of the others.

2.2 Contact. Questions, requests and complaints concerning personal data may be addressed to info@yatzo.com or to the postal address given above.

3. Scope of processed personal data

3.1 We comply with the data protection law applicable to us. This means that we are transparent with you about the personal data we process.

3.2 We process the personal data that you provide to us by completing the contact form available on our Website, namely when you make:

• a contact request with our Company (“Partner with us” section);
• a request for contact with one of our partners;
• a request for a non-binding offer from one of our partners; or
• a request for personalised advice for your business.

3.3 When you authorise a third-party social network (e.g. Facebook, X (formerly Twitter), YouTube, LinkedIn) to share personal data with Yatzo, we may receive the data that you publicly share on that network as part of your profile, or that you allow the network to share (name, email address, gender, profile picture, user ID, list of friends or contacts, etc.).

3.4 Yatzo also receives information relating to your profile when you use a social-network feature integrated into the Site or interact with Yatzo through the social network. You should at all times be aware of the terms of use and privacy policy applicable to the third-party social network, which are its sole responsibility and which will apply to that processing.

3.5 When you visit the Website, we and our analytics providers also automatically collect certain technical and usage data, such as your IP address, the approximate location derived from it, your browser type and settings, your device and operating system, the date and time of your visit, the pages you view and the site from which you arrived. Your IP address is, in addition, kept and disclosed in accordance with applicable legal requirements in the event of a request from the competent authorities.

3.6 If we no longer process your personal data and are no longer legally required to keep it, or if you no longer wish us to hold and process it, we will stop doing so.

3.7 You may at any time obtain information about the processing of your personal data or object to that processing. To find out how to proceed, please refer to Section 9 below.

3.8 If you plan to subscribe to the services offered by our partners, we invite you to consult their own general conditions and privacy policy before subscribing. If you wish to learn more about their data-processing practices, please consult their websites directly under the headings “Privacy Policy” and “General Conditions of Use”.

3.9 The commercial terms of any paid or subscription Services (such as price, duration, renewal, payment terms and usage limits) are not set out in this Privacy Policy but in the Additional Terms presented at the point of purchase. This Privacy Policy nonetheless applies to the processing of personal data carried out in connection with all Services, including paid ones.

3.10 Information contained in a listing. Some of the information published in a listing may relate to an identified or identifiable person — for example the contact details of the person responsible for the listing. That information is provided to us by the person who submits the listing, who is responsible for it and who confirms to us that they are entitled to provide it and have informed the person concerned.

3.11 We process that information in order to display the listing and to operate the Site, on the basis of our legitimate interests and those of the users of the Site. You may object to that processing at any time by writing to info@yatzo.com, and we will stop unless there are compelling grounds to continue or we need the information in order to establish, exercise or defend legal claims. Where you object to receiving direct marketing, we will stop without exception.

3.12 Where we remove information at your request or accept an objection, we may keep the minimum record needed — such as a listing reference or an encrypted form of your email address — so that the same information is not reinstated or republished if it is submitted to us again. That record is used only for that purpose and never to contact you.

4. Purpose and legal basis for processing

4.1 We collect and process this data in order to continuously improve your browsing experience and our services and to adapt them to your needs. This data also helps us analyse traffic, build audience statistics about our ads and services, and provide you with relevant information. Your personal data may be processed for the following purposes:

• to perform and fulfil contractual or legal commitments;
• to check access authorisation and manage the user account (if any);
• to inform you about updates or changes to our products, services or events, and about adaptations of the Terms of Use;
• to prevent and combat fraud;
• to establish invoices;
• to develop and maintain the customer relationship; and
• for marketing purposes.

4.2 Depending on the purpose, we process your personal data because it is necessary to perform a contract with you or to take steps at your request before entering into one; because we have a legal obligation to do so; because you have consented, for example to the newsletter or to non-essential cookies; or because we have a legitimate interest in doing so, such as answering your enquiries, keeping the Site secure and preventing fraud. Where we rely on your consent, you may withdraw it at any time, without affecting anything done before you withdrew it.

4.3 Your personal data may be disclosed to the following categories of recipients: (i) service providers acting on our behalf as processors (in particular hosting and infrastructure, IT maintenance and security, web analytics, email and newsletter distribution and, where relevant, payment service providers), who are bound by contract to process it only on our instructions; (ii) our partners, at your request, in order to respond to your enquiry or offer; and (iii) competent public authorities, where we are legally required to disclose it.

4.4 Personal data may be transmitted to Yatzo’s licensors and licensees where that is necessary for the proper functioning of the Services, for the administration of accounts, and for security and fraud prevention. Personal data may be transmitted to our partners where you request contact with a partner, where it is necessary in order to perform a contract with you, where we are required to do so by law, or on the basis of our legitimate interests as described in Section 4.6. Where consent is required for a particular transmission, we ask for it separately, and you may withdraw it at any time.

4.5 If you request our newsletter, we use a double opt-in procedure: after you enter your email address you receive a confirmation email, and the newsletter is sent only once you confirm by clicking the link it contains. For this purpose we store your email address and, where provided, your first and last name, together with the time of registration and your language preference, so that we can address you correctly and send the newsletter in the appropriate language. You may unsubscribe at any time by clicking the link at the bottom of each newsletter.

4.6 Information contained in listings. Information contained in a listing, including any contact details it contains, is displayed publicly on the Site and on the other websites in the Yatzo Network, is transmitted to Yatzo’s licensors and licensees, and is included in the data products, feeds, analyses and reports which we supply to our subscribers, customers and distribution partners. We do so on the basis of our legitimate interest in operating a complete, current and reliable marketplace, and you may object as described in Section 3.11.

4.7 Anonymised data. We anonymise personal data, and combine it with other data, in order to produce statistics, indices, benchmarks, market analyses, valuations and models. Anonymisation is carried out so that the persons concerned are no longer identifiable and cannot reasonably be re-identified. Once anonymised, the resulting data is no longer personal data; we use it, and make it available to our customers and partners, without restriction and for an unlimited period, including after the underlying personal data has been erased. Data which is only pseudonymised remains personal data and continues to be treated as such under this Privacy Policy.

4.8 Limits on onward use. We do not sell the personal data of visitors to the Site, and we do not supply personal data to third parties for those parties’ own direct-marketing purposes. What we supply under Section 4.6 is supplied for the purposes of the Services and is subject to contractual restrictions on the recipient’s use of it, including a prohibition on further redistribution and on unsolicited direct marketing. Acceptance of our terms and conditions by a recipient is not the consent of any person to receive marketing communications.

4.9 Marketing communications. Where you have registered an account or submitted a listing, or where your business contact details appear in a listing, we may contact you at those business contact details in connection with that listing and in order to offer our own services which are similar to those you use or to which the listing relates. Each message contains a simple and free means of objecting, and you may also object at any time by writing to info@yatzo.com. Marketing communications going beyond that — in particular communications on behalf of, or containing offers of, our partners, and any electronic marketing for which consent is required — are sent only on the basis of a separate, specific and informed consent. Acceptance of our terms and conditions is not such a consent. Where we use open-tracking or click-tracking in marketing emails, we do so on the basis of your consent.

5. Cookies, web beacons and similar technology

5.1 A cookie is a piece of information that is placed on your device when you access certain sites (“Cookie”). A cookie uniquely identifies your browser to the server. Cookies allow Yatzo to store data (for example language preferences, technical information, or click/path information) to help improve your web experience and to conduct site analysis and performance review. Most browsers are set up to accept cookies, although you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Note, however, that some parts of the Site may not work properly if you refuse cookies.

5.2 Yatzo may also use a “web beacon” on the Site (also known as an “action tag” or “clear GIF”), or similar technology, which helps analyse the effectiveness of the Site by measuring, for example, the number of visitors, how many visitors clicked on key elements, or which pages were visited. Yatzo uses these technologies to facilitate your access to the Site, to analyse its traffic and usage, to identify malfunctions and to improve its content and design.

5.3 Yatzo may work with other companies that place cookies, web beacons or other tracking technology on the Site. These companies help Yatzo manage the Site and offer additional services and products. Their use of these technologies is subject to their own privacy rules and terms of use, which are not covered by this Policy and for which Yatzo is not responsible.

5.4 The Site may use Google Analytics, a web-analysis service supplied by Google LLC (“Google”). Google Analytics uses cookies (text files placed on your device) to help analyse how users use the Site. These cookies are set on the basis of your consent, given through the cookie banner. Google Analytics 4 uses IP addresses to derive an approximate location and does not log or store them, and the service is configured so that the data is not used for advertising personalisation. Google acts as our processor for this processing and as a controller for its own purposes, and you should consult its own privacy information in that respect. Google may pass this data to third parties where legally required, or where third parties process it on Google’s behalf. Google will not associate your IP address with any other data held by Google.

5.5 On your first visit we ask for your consent to the use of non-essential cookies (in particular analytics and marketing cookies) through a cookie banner. Strictly necessary cookies, which are required for the Site to function, are set without consent. You can accept, refuse or withdraw your consent at any time via the cookie settings available on the Site or the settings of your browser. Please note that refusing cookies may affect the functionality of the Site.

5.6 Cookie Policy. The cookies and similar technologies used on the Site — their names, purposes, providers and duration — are set out in our Cookie Policy, which is reached from the footer at the bottom of every page of the Site.

5.7 Do Not Track. There is currently no common industry standard for interpreting the “Do Not Track” signal sent by some browsers, and we do not respond to it separately. You can control cookies at any time through the cookie settings on the Site, as described in Section 5.5.

5.8 Cookie choices and marketing are separate. Refusing or withdrawing consent to analytics and advertising cookies is not the same as objecting to marketing communications, and objecting to marketing communications does not by itself switch off cookies. Each is exercised as described in the Section that deals with it.

6. International transfers of personal data

6.1 Your personal data is processed primarily in Switzerland and the European Union. However, some of our service providers (for example, providers of analytics or infrastructure services such as Google) may process data in countries outside Switzerland and the EEA, including the United States.

6.2 Where we transfer personal data to a country that does not offer an adequate level of data protection, we ensure that appropriate safeguards are in place. Depending on the recipient, we rely on: an adequacy decision (recognition by the Swiss Federal Council or the European Commission that the country ensures adequate protection); the certification of the recipient under the Swiss–U.S. or EU–U.S. Data Privacy Framework; or appropriate contractual safeguards, in particular the Standard Contractual Clauses, supplemented where necessary by additional technical and organisational measures. We do not rely on a Data Privacy Framework certification as the sole basis for any transfer; where we rely on one, we also put Standard Contractual Clauses in place as a fallback.

6.3 You may obtain further information about these safeguards, and where available a copy of the relevant documents, by contacting us at info@yatzo.com.

7. Data retention

7.1 We keep your personal data only for as long as necessary for the purposes for which it was collected, and thereafter for as long as we are required or entitled to keep it under applicable law (in particular to comply with legal retention obligations and to establish, exercise or defend legal claims).

7.2 The criteria used to determine our retention periods include the purpose and nature of the processing, the existence of an ongoing relationship with you, our legal and accounting obligations, and the applicable limitation periods.

7.3 By way of indication:

• data from contact and enquiry forms is kept for as long as needed to handle your request and for 12 months after the last exchange with you, unless an ongoing relationship justifies keeping it longer;
• account data (where an account exists) is kept for the duration of the account and for 12 months after it is closed;
• accounting and invoicing data is kept for the statutory retention period applicable to the operator of the Site;
• server logs and IP addresses are kept for 6 months for security and diagnostic purposes, unless a longer period is required by law or requested by the competent authorities;
• newsletter subscription data is kept until you unsubscribe, after which we keep only the minimum record needed to make sure we do not contact you again;
• information contained in listings is kept for as long as the listing is active and for 24 months thereafter, for the purposes of market analysis, de-duplication and fraud prevention; and
• the records described in Section 3.12 are kept for as long as is necessary to give effect to the request to which they relate.

7.4 Once retention is no longer justified, we delete or anonymise the data.

8. Security

8.1 Yatzo undertakes to process your personal data appropriately and will implement all reasonable technical and organisational measures to protect it against unauthorised access, disclosure, inappropriate alteration or misuse.

8.2 Yatzo uses standard technology and security precautions, rules and procedures to protect your personal data from unauthorised access, improper use, disclosure, loss or destruction. Industry-standard firewalls and password protection are also used to protect your identification information.

8.3 You acknowledge that the use of the internet is not secure by definition and that it involves certain risks to your personal data. Yatzo does everything possible to protect your personal data but cannot guarantee that the data you provide will be safe from security breaches, unauthorised access or loss, in respect of which we exclude any responsibility to the extent permitted by law.

8.4 It is your responsibility to ensure that the device you are using is adequately secured and protected against malicious software such as Trojans, viruses and worms. You are aware that, without adequate security measures (including a securely configured web browser and up-to-date antivirus software), there is a risk that the data and passwords you use to protect access to your data could be disclosed to unauthorised third parties.

8.5 In the event that your personal data has been subject to a breach that is likely to result in a high risk to your rights, we will inform you without undue delay by email or by any other appropriate means. Where required by applicable law, we will also notify the competent supervisory authority (in the Isle of Man, the Information Commissioner) within the applicable time limits.

9. Your rights to your personal data

Your personal data belongs to you. You are at all times entitled to know what is happening to it and to decide what happens to it. Under the applicable data-protection law, you have the following rights:

9.1 Right of access. You have the right to know at any time whether Yatzo processes your personal data and, if so, which data.

9.2 Right to rectification. You have the right to have your personal data corrected at any time if you notice that we are processing inaccurate data about you.

9.3 Right to erasure. Where the processing of your personal data is no longer necessary — for example because you are no longer bound by contract to Yatzo or you no longer accept that your data is processed — you may request its erasure. We will delete your personal data unless we are still required to keep it for a certain period, for example under a legal retention obligation.

9.4 Right to restriction. You have the right to restrict or block the processing of your personal data, unless we are still required to keep or process it for a certain period.

9.5 Right to object and to withdraw consent. You have the right to withdraw your consent to the data-protection provisions at any time. This option is available after logging into your account; a simple email to info@yatzo.com containing the relevant withdrawal information is also sufficient. Please use the email address with which you registered on Yatzo, so that we can confirm the request comes from you.

9.6 Right to data portability. Where the processing is based on your consent or on a contract and is carried out by automated means, you have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format, and to have it transmitted to another controller where technically feasible.

Data-protection law provides that these rights do not apply unconditionally: there are various reasons why we may not be able to disclose all data in response to an access request or comply with an objection, and these rights may be limited by other legal provisions. You can usually exercise these rights free of charge; however, we must be able to satisfy ourselves, by appropriate means, that it is truly you making the request.

Procedures according to the nature of your request:

• Information — to find out whether Yatzo keeps personal data about you and, if so, which. Filing: email or postal mail.
• Rectification — to correct the personal data kept by Yatzo. Filing: email or postal mail.
• Objection — to block the use of personal data kept by Yatzo for further processing. Filing: email or postal mail.
• Deletion — to delete personal data kept by Yatzo. Filing: email or postal mail.

Identification. We ask only for what we need in order to be satisfied that the request comes from you. Where you write from the email address we hold for you, that will normally be enough. We will ask for a copy of an identity document only where we have reasonable doubts about your identity, and you may black out everything other than your name, your photograph and the validity of the document. We respond within the period allowed by the law applicable to us, which may be extended where a request is complex or where we have received a number of requests.

10. Children’s data

The Site and our services are directed to businesses and professionals and are not intended for children. We do not knowingly collect personal data from children under the age of 16. If you believe that a child has provided us with personal data, please contact us at info@yatzo.com and we will delete it without undue delay. In some countries the age at which a child may consent to online services is lower than 16; where that is the case we apply the age set by the law of the country in which the child is resident. In no case do we direct the Site or the Services to children.

11. Contact and complaints

Yatzo will answer all your questions and concerns regarding your personal data at: 9 Athol Street, Douglas, IM1 1LD, Isle of Man; by email at info@yatzo.com; or by phone at +41 78 792 28 06 (Monday to Friday, 08:00–12:00 and 13:00–16:00).

If you believe that your personal data has been subject to unlawful use, or that Yatzo has not met your expectations, you may lodge a complaint with a supervisory authority. In the Isle of Man, this is the Information Commissioner. In Switzerland, this is the Federal Data Protection and Information Commissioner (Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter, EDÖB), reachable at https://www.edoeb.admin.ch. For the EU, the contact details of the data-protection supervisory authorities are available at https://www.edpb.europa.eu/about-edpb/about-edpb/members_en.

We encourage you to contact Yatzo about any complaint concerning personal data, but you also have the right to address your complaints directly to the authorities.

12. Links

12.1 Some pages on our Site may contain links to and from the sites of third parties. These sites or pages do not apply the same Privacy Policy.

12.2 If you decide to follow a link to any such third-party site, you will be redirected to that site. As such sites are not under our control, we recommend that you consult the privacy policy available on the relevant site or page to understand how it collects, uses and transmits personal data. We are not responsible for the content of any linked site.

13. Compliance with laws and law enforcement

13.1 Yatzo complies with the data protection law applicable to it but cannot fully guarantee the confidentiality, integrity, authenticity and availability of personal data.

13.2 We cooperate with government and law-enforcement authorities and private parties to enforce and comply with the law. We disclose information about you to government or law-enforcement authorities where we are required to do so by a legally binding request under the law applicable to us, and to private parties only where the disclosure is necessary to establish, exercise or defend legal claims or to protect the vital interests of any person. We look at each request individually and disclose only what is necessary to answer it. Where the law permits and we consider it appropriate, we may inform you before disclosing. We do not disclose personal data to an authority outside our own country unless the request is based on an agreement in force between the countries concerned. For compliance matters, please contact us at info@yatzo.com.

14. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or in the applicable law. An updated version takes effect when it is published on the Site. Where a change is materially adverse to you, we will make it apparent on the Site and may in addition notify you by email at the address associated with your account. The current version is always available on the Site, with the date of the last update shown at the top. We encourage you to review this page periodically.