Privacy policy
Privacy
Policy
The present
privacy policy (the “Policy”) is authored and
published by Mike Horn Sàrl, a
Swiss limited liability company, Mike Horn, and each of their
affiliates,
subsidiaries, and assigns with offices at Château
d’Oex, Switzerland, (collectively,
“MH”, “Us” or
“We”). Its purpose is to inform users
(“Users” or “You”) of the
www.mikehorn.com website, the www.Pangaea-Expedition.com web site, the
Mike
Horn Onlie Community pages, or any other web, mobile media, or other
wireless
platform communication site(s) established, owned, and/or operated by
MH
(collectively, the “Websites“) about how and why MH
obtains, stores and
processes data and information, such as name, address, e-mail address,
telephone/fax numbers, intellectual property, etc. (the
“Data”) which can
identify the Users and that the User may send Us while accessing the
Website.
By accessing any of the Websites, Users unequivocally consent to the
Data
collection and use practices described in this Policy. Any amendment to
this
Policy (each new version will be numbered accordingly) shall be
immediately
effective and applicable to You as of Your next visit to any of the
Websites.
The terms of this Policy are without prejudice to any contractual terms
You may
enter into with Us, which shall prevail over the terms of the Policy.
We may update this Policy from time to time and shall indicate on the
Website
when changes have been made.
1.
COLLECTION OF DATA
Data are collected from You when You register with Us, when You
contribute to
or use some of the advanced features on the Website, become a member of
the
Online Community Services, or when You apply to become a member of the
Young
Explorer Program (YEP). We only collect and process Data that You have
submitted voluntarily while browsing Our Website, Data that are clearly
set out
on the webpage on which We collect it, or Data that you submit pursuant
to the
YEP application process or to the Online Community Services
registration
process. In addition, We may collect Your IP address and use cookies
unless You
configure Your web browser not to accept them.
2. USE OF DATA
Most of Our services do not require any form of registration allowing
You to
visit Our Website without telling who You are. However, some services
may require
registration. When You register with Us, You may need to complete
certain
fields (some are required, some are optional) as well as choose a user
name and
password. In these situations if You choose to withhold any Data
requested by
Us, it may not be possible for You to gain access to certain parts of
Our
Website and for Us to respond to Your queries.
We collect Data about Users so that MH can personalize Your use of the
Website,
assist Your use of the Website and improve the Website generally. We
may
collect and use Data to invoice Our products or services, to inform You
about
events, announcements, products or services You request, to market
products and
services, or to communicate with You for other purposes, such as
compliant
processing. In particular, depending on Your selections for Our Data
protection
questions, We may arrange for You to be sent information about related
products
and services from Us and carefully selected third parties (see section
3).
If You are applying to become a participant in the YEP or the Online
Community
Services, We will also collect Your Data as part of the YEP application
or Your
use of the Online Community Services which may include, but not be
limited to,
textual information, video, and audio content
(“Materials”). Notwithstanding
anything to the contrary herein, upon the submission of such materials
you
grant an irrevocable license to MH to use the Materials in connection
with
promotions, advertisements, presentations, television, movie or any
other form
of dissemination by print, audio, electronic, or other format by MH now
or in
the future. If You apply to become a participant in the YEP
You hereby
specifically agree to have your name and age disclosed.
However, in no
event shall MH release Your address, e-mail address, or telephone/fax
number
except in accordance with Section 3 below.
In addition, We may use Your Data to improve Our services for Our Own
internal
statistical and operational purposes, to evaluate customer interests as
well as
purchasing and other trends among customers and to better determine
product
development, marketing strategies and customer services. Please note
that We
expressly reserve the right to verify the accuracy of Your Data, in
particular
with regard to Your contact details (postal address, email, phone,
etc), Your
financial information and the use of Our services. By submitting Your
Data, You
expressly consent to such use and verification.
Note however that most of the information We collect from Our Website
is
anonymous information (such as browser type, operating systems and the
date and
time of access), which We may process without Your knowledge or consent
to help
improve the content of Our Website and to learn more about Our
visitors’
behavior. In doing so, We may use tracking technology (such as cookies,
i.e.
small pieces of information sent to Your browser and stored on Your
computer
hard drive which, by themselves, cannot be used to discover Your
identity).
3. NON DISCLOSURE OF INFORMATION / NO
SPAMMING
3.1. MH shall not sell, rent, share or
otherwise distribute
or make available Your Data (as an individual, as opposed to aggregate,
anonymous information) to third parties outside of MH, except when;
• You give prior consent (see
section 3.2.);
• You breach this Policy, the
Terms of Use [link] or any
other applicable terms and conditions;
• required to do so by law or by
any Governmental body;
• it is necessary to enable MH
to perform services requested
by You (see section 3.3.);
• In the case that You have
elected to submit an application
to become a participant in the YEP, the YEP Application Materials may
be
disclosed pursuant to the terms set forth in Section 2 above.
3.2. If You give Your consent, MH will
pass Your contact
details to third parties who may then occasionally send communications
to You
to provide information, offers and services that may be of interest to
You.
3.3. Data may occasionally be
transferred to third parties,
who act for or on behalf of MH, for further processing in accordance
with the
purposes for which Your Data were originally collected. When disclosure
of Data
to such third parties is likely or necessary for whatever reason, We
endeavor
to ensure that such third parties provide an equivalent level of
protection as
MH regarding the Data, and, where appropriate, We will contractually
require
them to process Data transferred only for the purposes authorized by
You and on
a confidential and secure basis.
3.4. We may transfer your Data to one of
our databases
located outside of
3.5. MH does not conduct
“spamming”. Spamming is defined as
sending unsolicited e-mails, usually of commercial nature, in large
numbers and
repeatedly to individuals with whom the sender has had no previous
contact or
who have not given his consent to receive such communications. On the
contrary,
where We believe that one of Our products/services or information is of
importance to You, We ask You previously by e-mail if You consent
explicitly to
opt in for such service.
4. SECURITY / CONFIDENTIALITY
Keeping Your information secure is very important to Us and certain
sections of
the Website may encrypt Data using SSL or a comparable standard. To
enhance the
security and confidentiality of Data that We collect online, We use
data
networks protected, inter alia, by industry standard firewalls and
password
protection. We undertake to take all reasonable steps in order not to
allow
Your Data to be accessed by third parties other than those authorized
under
this Policy (see section 3).
However, please be aware that the Internet is generally not a secure
environment and no data transmission over the Internet can be
guaranteed to be
totally secured.
Although We strive to protect Your personal information, We cannot
guarantee
the confidentiality of the Data provided by You or material transmitted
via Our
Website or by e-mail. Thus, We cannot be responsible or liable for the
security
of Your Data whilst in transit via the Internet.
5. ACCESSING AND UPDATING YOUR PERSONAL
INFORMATION
You have the right to access and update Your Data or to require their
deletion
at any time, by sending an email to info@mikehorn.com.
6. LINKS TO OTHER WEBSITES
As a service to Our visitors, Our Website may provide hyperlinks to
other
websites that are not operated or controlled by MH. Therefore, MH
cannot be
responsible or liable for the content of such websites or the privacy
practices
of such other parties. We encourage You to review and understand the
privacy
policies applied by such third parties before providing them with
personal
information.
7. DATA AND CHILDREN
To respect the privacy of children and to comply with the laws designed
to
protect children, children under the age of 18 should not provide any
Data to
this Website unless they obtain first the consent of their parents /
guardians.
We ask the parents / guardians to supervise their children while
online. MH
will not knowingly collect, use or disclose Data from a minor under the
age of
18, without obtaining prior consent from a person with parental
responsibility
(parent, guardian).
8. APPLICABLE LAW / FORUM
THIS POLICY AS WELL AS YOUR ACCESS TO OUR WEBSITE IS SUBJECT TO AND
GOVERNED BY
SWISS LAW WITHOUT GIVING EFFECT TO CONFLICTS OF LAW PRINCIPLES THEREOF.
ANY
DISPUTE REGARDING THIS POLICY OR OUR HANDLING OF YOUR DATA IS SUBJECT
TO THE
EXCLUSIVE JURISDICTION OF THE ORDINARY COURTS OF CHATEAU D'OEX, VAUD,
SWITZERLAND,
WITH THE EXCEPTION OF AN APPEAL TO THE SWISS FEDERAL COURT.
9. CONTACT
Should You have any queries or complaints about Our compliance with
this
Policy, or if You wish to make any recommendations or comments to
improve the
quality of Our Policy, please contact MH at the following address:
(click
here). We
will
endeavor to respond to You promptly.
Version 1.1, last modified August 2008