version: 2022-01-10

Weellgo Mobile App (hereinafter the “Weellgo”) is an app and service provided by LinkSwiss ICT Solutions Sagl (hereinafter the “LinkSwiss”) based in Corso San Gottardo 8A - Chiasso - Switzerland.

Using Weellgo the user/traveller (hereinafter the “user”) confirms to have read and understood these terms of use and agrees to them.

Basic Terms

• Weellgo is made available to the User free of charge. Some features of Weellgo, however, may only be available via subscription or purchase with costs. In order to use all features of Weellgo, the registration as a User with a user account including a username and a valid email address as well as access to the Internet may be necessary.

• Weellgo is partially provided via App Stores and their associated infrastructure, for example the Apple App Store and the Google Play Store. The User shall use such App Stores independent from LinkSwiss and the respective Terms of Use shall apply.

• For some features, Weellgo will have to access location information, wifi/connection informations and further data on the User’s smartphone which Weellgo might only be able to access with the express consent of the User. Such access allows the User for example to locate nearby points of interest and self position on maps provided by Weellgo. Depending on the operating system used, the User must expressly confirm such access, if applicable, or can expressly block the access for Weellgo.

• Weellgo allows for sending messages between Weellgo users and Travel Agents that sold the Trip. The User expressly agrees to receive such messages and undertakes not to send any messages via Weellgo which violate any laws as well as not to cause others to send such messages. LinkSwiss shall be entitled to contact the User with messages via Weellgo (push notifications) or email at any time.

• Up Sell products, such as tour, excursions etc. are provided by Viator Inc. a TripAdvisory Company (hereandafter Viator); Viator is the merchant for all products purchased through Viator from the Weellgo, for any controversy the user must refer to Viator and relieves LinkSwiss from any liability

• LinkSwiss shall endeavor to ensure a high availability and reliability of Weellgo (“best effort”). However, LinkSwiss can expressly not guarantee that Weellgo or individual features of Weellgo are continuously, at any time and/or fully available. LinkSwiss recommends the User to perform a regular data backup of his/her smartphone including Weellgo.

• The User shall not be legally entitled to use Weellgo. LinkSwiss may discontinue its providing of Weellgo or exclude the User from using Weellgo at any time without stating any reasons. LinkSwiss may change Weellgo at any time without stating any reasons, in particular with regard to paid functionalities, if any.

Privacy

• LinkSwiss and Weellgo shall be subject to Swiss data privacy laws.

• Data in connection with Weellgo including personal data (hereinafter “Data”) will on the one hand be stored and processed on the smartphone of the User and on the other hand in the Amazon Cloud of Amazon Web Services, Inc. and other Amazon companies (hereinafter “Amazon Cloud”) in the United States of America (USA). The transmission of the corresponding Data and the storage of documents such as tickets, voucher etc. are fully encrypted. For details regarding the Amazon Cloud, please refer to the corresponding Privacy Policy of Amazon. The User expressly agrees to the processing of his/her Data in the USA and EU.

• In connection with Weellgo, in particular the following data can be stored and processed in the Amazon Cloud: information on user accounts such as username, email address, language, user ID and the password in encrypted form; information on the smartphone used and the Internet connection used such as device ID (“device token”) and IP addresses; user settings; trip informations such as tickets, voucher and so on; email notifications and other messages, for example conversations between user and travel agents or other entities; information regarding the current location of the smartphone used, for example current geographical coordinates or data regarding shops nearby; information in connection with paid features, if any, for example the App Store used and the expiration of subscriptions.

• For the purpose of continuous improvements, LinkSwiss analyses the use of Weellgo with Google Analytics and Firebase, which are provided by Google, Inc. (hereinafter “Google”) in the USA and Mobile Hub provided by Amazon Web Services, Inc in the USA.

• The analysis takes place in anonymised and aggregated form, i.e., LinkSwiss does not relate the results to individual users. The transmission of the corresponding data, including personal data and IP addresses, among other things, is encrypted. For details regarding Google Analytics please refer to the corresponding Privacy Policy of Google. For details regarding Google Firebase please refer to the corresponding Privacy Policy of Google. For details regarding Mobile Hub please refer to the corresponding Privacy Policy of Amazon. The user expressly agrees to the processing of his/her data in the USA.

• All transactions from Weellgo between user and Viator Inc. related to buying products are fully encrypted. For details regarding Viator please refer to the corresponding Privacy Policy of Viator.

• Amazon, Google and Viator have committed to warranting a reasonable level of privacy which is similar to the Swiss data privacy laws based on EU Model Clauses.

• Weellgo Is partially provided via App Stores and their associated infrastructure, among others for push messages to the User as well as the billing and management of paid features. The User shall use such App Stores independent from LinkSwiss and the respective Privacy Policies shall apply.

• Subject to mandatory legal provisions, personal data will exclusively be used by LinkSwiss in connection with the provision of Weellgo as well as for the operation of the corresponding infrastructure.

• Non-personal Weellgo usage data may be shared by LinkSwiss with selected partners. Such data will be shared only in aggregated and anonymized form or by using non-personal advertising identities without any direct relation to identified or identifiable individual Weellgo users.

Limitation of Liability

• Subject to mandatory legal provisions, LinkSwiss shall not assume any liability for direct or indirect damage caused by the use of Weellgo or in connection with Weellgo.

• In the case of violations of these terms of use and in the case of violation of rights and corresponding claims of third parties, the User shall expressly indemnify LinkSwiss from any liability and shall be liable for damages vis-à-vis LinkSwiss to the full extent.

General terms

• LinkSwiss may change these terms of use at any time. The User will be informed about such changes in a suitable manner. The User may discontinue the use of Weellgo at any time; the user can remove all his personal informations from Weellgo platform at any time choosing the OptOut from the app or writing an email to contacts@linkswiss.com. By continuing the use of Weellgo after changes of these terms of use have been notified, the User shall expressly consent to such changes.

• Subject to mandatory legal provisions, the use of Weellgo shall be exclusively governed by Swiss laws with Mendrisio Sud (Switzerland) being the exclusive place of jurisdiction.