Privacy Policy

Last updated: 22/04/2021

This Privacy Policy has been prepared by SYLVA AG (“SYLVA”), a Swiss corporation, to address all concerns regarding information and data collection, usage, handling, and storage. The purpose of this Privacy Policy is to explain how SYLVA handles, collects, and stores your personal data and information. This Privacy Policy will be hereinafter referred to as the “Privacy Policy”. 

1. BACKGROUND

SYLVA operates a website and offers access and licenses to a proprietary authoring tool also operating under the name of “SYLVA”. SYLVA is accessible by download from SYLVA’s website or application.  You, as a user of SYLVA, via the website (“website”) or the application (“app”), may provide information and personal data to SYLVA. This Privacy Policy will govern SYLVA’s usage, collection, handling, and storage of your personal data and information collected or obtained by SYLVA.

2. DRAFTING OF THIS PRIVACY POLICY

This Privacy Policy has been drafted and prepared in accordance with the General Data Protection Regulation (“GDPR”) and applicable privacy laws in the United States and Canada. The GDPR applies to residents and members of the European Union (EU) and the European Economic Area (EEA). This Privacy Policy has also been prepared in accordance with the applicable terms of the California Consumer Privacy Act.

3. PERSONAL INFORMATION VS. NON-PERSONAL INFORMATION

The applicable legislation makes a distinction between personal information and non-personal information. 

Non-personal information refers to information that does not allow for your identification. Non-personal information can refer to the type of device you use to access the app, the website, or other services offered by SYLVA. Non-personal information can also refer to information obtained through cookies (as further explained).

Personal information consists of information that allows for the identification of a person. Personal information therefore includes your name, address, Internet protocol address, payment information, browsing history, and any information that relates to you and allows for your identification.

4. COLLECTION OF INFORMATION

You may be asked to provide personal information to use the website or the app. The provision of such personal information is voluntary, and SYLVA will collect personal information that is voluntarily provided. The information collected by SYLVA will be handled and governed by the terms of this Privacy Policy. 

SYLVA will not collect any personal information about you except if you provide personal data voluntarily on the website or the app or if your personal information is obtained through your usage of the app or website. Some personal information is automatically provided to SYLVA by web browsers, however, this personal information may relate to your browser version, and IP address and usage of technology, rather than your name. 

Non-personal information may be collected through cookies or other means when using the website or app. Non-personal information may also be collected from third party links and websites if provided to SYLVA.

5. USAGE OF INFORMATION

Any personal information collected by SYLVA through its website or application will be used and handled according to the terms of this Privacy Policy. SYLVA undertakes to use your personal information based on the consent you provided and to the extent permitted in your consent, unless otherwise specified in this Privacy Policy. 

SYLVA may use your personal information in furtherance of SYLVA’s legitimate business interests and to allow for the proper functioning of the website and application. This information may be used to enhance our products and services. SYLVA may also use your feedback and comments to improve our existing products and to guide the development of future products. Our objective is to ensure our users benefit from high quality products that are tailored to their needs.

Please note that SYLVA retains information relating to your IP address for purposes of tracking, internal reporting, and to protect the security of users. 

SYLVA reserves the right to share personal information if required to do so by law or according to a valid court order, as further described in this Privacy Policy. As per the terms of the GDPR, SYLVA is authorized to use personal information in connection with public interest and the public domain.

6. SPECIFIC USAGE

SYLVA’s usage of your personal information and any information collected through its website and application will comply with the applicable data protection laws, including but not limited to the GDPR, as well as this Privacy Policy. Additionally, SYLVA may use your personal information to:

  • Customize and adapt the app to your preferences;
  • Provide you with products and/or services requested, downloaded, accessed, or otherwise purchased;
  • Comply with your specific requests regarding the app and the website;
  • Ensure your usage of the app and website is secure and lawful;
  • Enhance and improve our existing products and services;
  • Develop future products and provide recommendations;
  • Manage your license (if applicable) to any of our products and services;
  • Allow you to benefit from training and personalized information;
  • Respond to your inquiries and requests for information;
  • Obtain your comments and recommendations as to the products and services offered;
  • Send you notices regarding offers, updates, upgrades, and other relevant information

SYLVA’s usage of your personal information will, in all cases, be restricted to that which is necessary to fulfill the intended purpose. SYLVA complies with the data minimization obligation set forth in the GDPR.

7. EMAILS AND OPTING OUT

If you provide SYLVA with your email address, you acknowledge that SYLVA may use your email for the following purposes: (i) to respond to your inquiries, (ii) to send you notices and updates, (iii) to communicate with you with respect to products and services.

You may opt out of receiving promotional emails and material from SYLVA. The instructions to opt out are provided in each email and the opting out may be accomplished by selecting opt out or unsubscribe as listed in the email. Once the opting out notice is received by SYLVA, you will no longer receive any email correspondences from SYLVA.

8. SHARING YOUR INFORMATION

SYLVA does not sell, lease, transfer, trade, or otherwise rent your personal information to any third party. 

Any sharing, communication, or disclosure of your personal information by SYLVA will be handled in accordance with this Privacy Policy and the laws in place. SYLVA has established data protection processes to protect the integrity of your personal information against unauthorized leaks.

SYLVA’s employees, directors, partners, and contractors are bound by confidentiality obligations. Any such employees, directors, partners, and contractors who may gain access to your personal information are subject to data protection and the obligations contained in this Privacy Policy.

SYLVA’s disclosure of your personal information is limited to the extent required for SYLVA to fulfill its obligations and in connection with SYLVA’s products and services. 

The Company undertakes to process all personal data in a lawful, fair, and transparent manner, in accordance with the obligations set forth in the GDPR.

9. DISCLOSURES PURSUANT TO A COURT ORDER OR LEGAL OBLIGATIONS

To comply with an applicable law or regulation, or to fulfill the requirements of a valid court order, SYLVA may disclose personal information collected through the website or application. In such cases, SYLVA may not inform the relevant user in advance of disclosing the personal information. Further, any such disclosures will be limited in scope to the information that is strictly necessary to comply with the legislation or the court order.

If SYLVA receives notice of a court order requiring the disclosure of personal information, SYLVA will try, insofar as reasonably practicable, to provide you with advanced notice to allow you to enforce your rights and secure a protective order, or any legal remedy available. 

10. STORAGE OF PERSONAL INFORMATION

SYLVA will store and maintain personal information using appropriate safety and security measures. SYLVA undertakes to correct or erase any personal information that is deemed false, obsolete, inaccurate, or erroneous, either upon request or upon receiving notification that such information is not correct.

All personal information stored and collected by SYLVA will be handled and processed in a way that ensures that the confidentiality and security of the personal information is upheld. SYLVA applies procedures and technology to protect the integrity of your personal data and to minimize the risks of unauthorized disclosure, destruction, deletion, or other issues. SYLVA’s systems comply with technologies available to ensure reliability and security of the storage of personal information.

SYLVA’s storage of your personal information will be for a predetermined and reasonable length. The duration will be established based on the purpose, the services, and products implicated and any consent provided. Personal information will be kept in SYLVA’s files to ensure SYLVA can comply with its legal obligations, resolve disputes, and enforce our policies.

If extended maintenance or storage of personal information is required for the provision of the products and services, or for reasons of public interest, SYLVA may hold and maintain your personal information for a longer time.

11. YOUR RIGHTS

By virtue of providing personal information to SYLVA, you benefit from certain rights granted by the GDPR and this Privacy Policy. 

You benefit from the right to obtain information regarding the usage by SYLVA of your personal information. You may submit a request to SYLVA to obtain such information.

If you notice that any personal information held by SYLVA is incorrect, inaccurate, or otherwise erroneous, you may request for the information to be rectified, corrected, or removed by SYLVA. Upon request, SYLVA will delete any incorrect information from its servers.

In accordance with the terms of the GDPR, you may request to access your personal information stored, held, or used by SYLVA. 

Please submit any requests under this paragraph to SYLVA by email at privacy@sylva.ac or on the website using the instructions detailed thereon. SYLVA’s handling of your request will be based on your request, SYLVA’s ability to perform the requested action and the applicable laws. SYLVA undertakes to respond to your request in a timely and efficient manner.

12. CONSENT AND MINIMUM AGE

If applicable and feasible, SYLVA will secure your consent before any collection, storage, handling, or other usage of your personal information. The consent provided should be clear and specific to avoid any misunderstandings or doubts, if possible. 

Further, you confirm and represent that you are at least eighteen (18) years of age. If you are below the age of eighteen (18), you may not provide valid consent and are therefore not authorized to use the website or provide personal information to SYLVA. 

13. SPECIFIC AGREEMENTS

You may enter into a specific agreement with SYLVA for a particular product or service. If the scope of the product or service exceeds the scope of the website and app, you acknowledge that SYLVA may need to use your personal information to apply the terms of the specific agreement. Examples of specific agreements include ordering a product from SYLVA to be physically delivered to your address. SYLVA may then use and disclose your personal information to perform the services of a specific agreement or arrangement between you and SYLVA, or any affiliate of SYLVA. 

14. TRANSFERS OF PERSONAL INFORMATION

SYLVA undertakes not to transfer your personal information outside of the European Union, if you are based in the European Union, unless the information transfer is performed in compliance with the GDPR. Personal information will be transferred out of the European Union if necessary to do so and the transfer will be to a country that is bound by data protection regulations similar to those of the GDPR. As an example, the United States is bound by protective personal data regulations and laws. 

15. COOKIES

Like most websites, SYLVA uses and downloads cookies. Cookies consist of small identifiers that are placed on your computer to collect information about preferences and your session. SYLVA uses cookies for purposes of improving products, services, and user experiences. SYLVA also uses cookies to ensure functionality of the website and browsing safety.

Cookies exist in various forms. Default cookies are those which are functional and required to use the website.

Additional cookies consist of those which allow for data measures, analytics, and to obtain information regarding your preferences. Moreover, third party cookies may come into play when using the website in conjunction with a third party site or partner. SYLVA has no control over such third party cookies, and is unaware of the extent of the usage related thereto.

16. THIRD PARTY LINKS

While the website and app may refer or link to third party websites or links, this Privacy Policy shall only apply to SYLVA’s website and application. The links to third party websites and links are for reference purposes, and should not be construed as a partnership or association between the third party links and SYLVA. The third party’s usage and collection of your personal information is not subject to this Privacy Policy. For avoidance of doubt, SYLVA has no control over the usage, collection, and/or storage of your personal information by the third party.

17. MODIFICATIONS

SYLVA may modify this Privacy Policy at any time, at SYLVA’s discretion, by sending a written notice to this effect and by publishing the revised Privacy Policy. This Privacy Policy shall indicate the date of its latest revision on the top left. Upon publication of the revised Privacy Policy, it shall come into effect for all users, unless stated otherwise in the revised Privacy Policy. As a consequence, SYLVA encourages its users to periodically review the terms of this Privacy Policy to ensure ongoing compliance.

18. QUESTIONS AND FEEDBACK

SYLVA welcomes any questions and feedback pertaining to this Privacy Policy. SYLVA invites you to submit your questions and comments by email at privacy@sylva.ac or through the website under the “contact us” section. SYLVA will use its best efforts to respond to your questions and requests in a timely manner.