PLEASE BE AWARE THAT WITH Cogia Messenger YOUR DATA IS STORED ENCRYPTED ON YOUR SMARTPHONE. IF YOU FORGET A PASSWORD, MEMO NEWS WILL, AS WE PROTECT YOUR PRIVACY, NOT BE IN A POSITION TO RECOVER SUCH DATA, WHICH THEN IS LOST.
Please note that Cogia Messenger is not a replacement for your mobile or fixed line telephone and does not allow you to make emergency calls to emergency services such as police, fire brigade, or emergency medical services. To ensure that you can make such calls you must make alternative communication arrangements.
Mobile coverage is determined pursuant to your underlying mobile contract. When using a Wi-Fi hotspot please note that communication through Cogia Messenger can be interrupted when leaving the area covered by the hotspot.
Support for Cogia Messenger and the offered Services shall only be provided online by e-mail ([email protected]).
Some features of the Services may be subject to further terms and conditions, which you should read before making use of them and which add up to these Terms. Please understand that anyone who has your phone number may call you or send you communications through our Services and anyone you send a communication can use its content as he or she desires.
We are always optimizing and adding features to our Services. Therefore, and because laws and regulations change, we may revise and reissue these Terms from time to time. By installing updates to Services you consent and agree to so updated Terms. If you do not agree to such Terms, you should stop using our Services or close your Cogia Messenger user account (“Account”). Your continued use of any of our Services will be deemed as your acceptance of updated Terms.
The information you provide us with to use the Services must be accurate. To use the Services or some of the features offered in them, you will be asked to provide true and complete registration details. If we believe that the details are not correct, current, or complete, we are entitled to prevent you from accessing Cogia Messenger and Services, or any features thereof, and to terminate or suspend your Account.
Our Services and the characters, logos, or other images, materials, and content appearing or incorporated in our Services (“Materials”) are protected by copyrights, patents, trade secrets, or other proprietary rights (“Copyrights”) and/or as registered or unregistered trademarks, trade names, and/or service marks (“Trademarks”). Such Copyrights and/or Trademarks are owned by MeMo News and/or others. MeMo News or its licensors own the title, copyright, and other intellectual property rights in the Services and Materials. By using our Services, you do not acquire any ownership rights in Services and/or Materials.
MeMo News shall grant you a limited, non-exclusive, non-transferrable, revocable and non-sub-licensable license (“License”) to use the Services and Materials, which is subject to your compliance with the Terms. You may not modify or use the Services and/or Materials for any purpose not permitted by these Terms. Prohibited use violates these Terms and may be Copyrights and/or Trademarks protected by law.
You may access and display Materials for non-commercial, personal, entertainment use on any computer, tablet, smart watch, or mobile device you own or control. Unless specifically authorized by MeMo News, Materials may not be otherwise copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used. It is prohibited to decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software of the Services into a readable form, to examine the construction of such software and/or to copy or create other products based on or derived from such software. You are not allowed to rent, lease, lend, sell, redistribute or sublicense Materials and/or the Services.
If you contravene the Terms, including the License, MeMo News has the right to withdraw the License at any time without notice. If due to such contravention caused by you MeMo News is threatened by a law suit or sued, you shall indemnify MeMo News against any third-party claims.
You may only use any Service and its contents for lawful purposes and in accordance with applicable laws and regulations. You are prohibited from storing, distributing, or transmitting any unlawful material through Services. If doing so you may be subject to criminal and/or civil liability. You agree that if a third-party claims that material you have communicated with a Service is unlawful, it is your burden to establish that it is lawful. You acknowledge that the sender of material communicated with a Service is solely responsible for its contents and legality, and not MeMo News.
Communication and using Services between Cogia Messenger users is free of charge if both users are connected to Wi-Fi. In case of connection through mobile data network, such communication will use some of the data allowance of the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage. Please note that you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges of your mobile network operator.
With respect to Cogia Messenger, you consent to MeMo News tracking and analyzing usage behavior. The tracking and analysis shall be done in anonymous form, with the exception of the IP address.
You further agree to the following data being compiled and analyzed:
To analyze usage behavior, MeMo News works together with foreign firms and therefore transmits anonymous data outside of Switzerland. MeMo News shall use best efforts that any third parties it works with are bound by the same data protection and data security provisions as MeMo News and that they may only process such data to the same extent as MeMo News is entitled. Furthermore, only the data required for the particular mandate may be made available to third parties for processing.
Please note that you are responsible for protecting the data on your Account and device, in particular from third-party access. MeMo News recommends that you protect your device at least with a password. You are responsible for all activities under your Account. MeMo News will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. Additionally, you may be held liable for any losses incurred by MeMo News or another parties due to someone else using your Account.
You acknowledge and agree that MeMo News does not guarantee that Services always operate without any interruptions or faults. The usage of Services is at your own risk. Impairments and malfunctions associated with the installation or usage of Services cannot be excluded.
The Agreement enters into force when you register for Cogia Messenger and the Services it provides and extend for an indefinite period. The Agreement comes into effect exclusively between you and MeMo News.
MeMo News makes no representation that a Service is available for use or permitted by law in any particular location. To the extent you choose to access a Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
With the use of Services you agree to allow MeMo News to send you recommendations, advertisements, coupons and other forms of promotional material. You agree not to restrict the access and display of such material for as long as you use Services.
You can terminate the Agreement at any time by deleting/uninstalling Cogia Messenger. If you uninstall Cogia Messenger you may transfer or delete data stored through Cogia Messenger on your device. Upon uninstalling the App all personal data from your usage such as messages and contacts will be removed permanently. If you reinstall the application after this time it would be considered a new clean installation.
MeMo News shall at all times have the right and be entitled to modify or discontinue, temporarily or permanently, all or any part of a Service and/or any software, facilities, and services on this Service, with or without notice and/or to establish general guidelines and limitations on their use.
The Agreement shall be governed by the laws of Switzerland. The place of jurisdiction shall be Zug, except a mandatory place of jurisdiction applies.
Please review the following documents, which provide additional information about your use of our services:
NOTE: Customer information under Regulation (EU) 679/2016, Article 13
In accordance with Regulation (EU) 679/2016 Article 13, MeMo News AG (hereinafter “MeMo News”), as the Data Controller, hereby informs you that your personal data, and your or your underage children’s special categories of personal data (EU Regulation Article 9), if any, provided by you shall be processed in a pertinent and transparent manner, and in compliance with the principles of lawfulness and necessity under the current governing regulations.
You trust us with your information when you use MeMo News’s all-in-one communication applications (“Cogia Messenger”) and services (the “Services”). Therefore, it is important to us that you understand what information we collect, what we do with it, and why.
Our aim is to use your information to make the Services more efficient, easy to use, to understand what further Services we could offer you, and, of course, to avoid misuse and fraud.
The communications with our Services are secured with military grade end-to-end encryption for voice over IP calls, individual messages, group messages, and attachment sharing (photos, video and documents). For each communication new encryption keys are generated and stored on your mobile device and the mobile device of your Cogia Messenger counterparty. And no one, not even MeMo News itself, has access to those encryption keys. For further information on the technical aspects of our security please check our website.
We strive to collect the minimum information required to achieve the purposes set out in this Policy.
2. Where Information is Collected
a) Registration and Account Information
Registering with Cogia Messenger and using our Services you can provide us with personal information such as, for instance your phone number and when necessary billing information. Accordingly you might not be anonymous to us and your name if provided and profile picture will be stored on our servers.
When you install Cogia Messenger you will be asked to allow the application to access to the contacts stored in your mobile device. Your contact information will Cogia Messenger leave your phone. Cogia Messenger will use a one-way mathematical function (known as hash) to allow us to match your contacts’ phone numbers with existing users. This way we can tell you who of your friends is also using our Services without transferring any private data to our servers.
b) Usage Activity Information
Using our Services, we might collect and store some information so that you can use the installed application and provided services for example information related to your connection. We will be receiving additional information such as for instance recommendations you viewed and coupons you stored and used by using the Services.
Please note that the activity information is used to allow you to use the selected services and will not be passed to 3rd parties for any other reason.
c) Mobile Device related Information
Using our Services, we may also collect information related to your mobile device such as information about the operating system of your device and your operating system language.
d) Information from/to Other Sources
Cogia Messenger has a feature transmitting the coordinates of your current location to MeMo News if, and only if, you have allowed location sharing on your device and the permission to access your location has been granted. The coordinates are used to display a map with your location marked. Your coordinates are transmitted in encrypted form.
Generally, to use the “show map” feature, location sharing is not required. If location sharing is enabled, the permission to access your location has been granted and the “your location” feature is used, the coordinates of your current location are transmitted to MeMo News to center the map at your current location. Both transmission and processing of the coordinates are performed in encrypted form. If the features “send location” and “show map” are not used, or the permission to access your location has not been granted, no coordinates will be transmitted.
3. What Information is Used and Retained for
The information we collect when you use the Services shall ensure your use of Cogia Messenger. Your information is retained by us for as long as we need it to continuously improve our Services and provide you with new, additional ones. Accordingly, we may use your information for the following purposes:
a) Make our Service available
The information from your registration and usage of Services is used to (i) register you with Cogia Messenger and create your Cogia Messenger Account; (ii) create your profile; (iii) optionally process your payments; (iv) provide you with customer service, give you information about your Cogia Messenger Account and respond to your requests; (v) personalize your experience by providing content on the Service optionally including advertising of Services and other third party services that we believe may be of interest to you; (vi) improve the Services and make them safer, more efficient and customized; (vii) indicate which of your contacts are already using Cogia Messenger, (viii) display the name of the contact as it appears in your address book when a call is received, and (ix) sync your contacts with Cogia Messenger. If you deactivate your Cogia Messenger Account all data including contacts will be permanently deleted.
b) Improve our Services
Cogia Messenger uses service log information and usage information to better understand network behavior and trends, detect potential outages and technical issues and to improve our Services. We may keep the log information as needed for this as wells as for legal purposes. We use aggregate information about our users and non-personal information to analyze our Services and user behavior and prepare aggregated reports.
c) Transactions – Process Payments
If you initiate a transaction through the Service, such as a purchase of Points, we may collect and store information about you, such as your name, address, email, and payment information (such as a credit card number and expiration date), as well as any other information you provide to us, to process your transaction, send communications about them to you. This information may be shared with third parties, and third parties may share such information with us, for the same purposes. When you submit credit card numbers, we encrypt that information using industry standard technology. We may use your Information to process your payments for our Services through a third-party service provider and on an aggregate basis to determine charges for our carriers and other service providers.
d) Prevent Fraud and Law Enforcement
e) Legal Basis for Processing
For residents of the European Economic Area (EEA) and Switzerland only, our legal basis for collecting and using the information described above will depend on the specific information concerned and the context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (for instance, to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations). If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will typically be to operate our Services, communicate with you in relation to our Services, or for our other legitimate commercial interests, for instance, when responding to your queries, to analyze and improve our platform, engage in marketing, or for the purposes of detecting or preventing fraud. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at the address listed below in the “Contact” section.
f) Communications with You
We may use your information to contact you to maintain the Services, including your Cogia Messenger Account, to comply with your stated communication preferences, or to provide updates about other Services.
Unless otherwise specified, information remains with us as long as it is necessary and relevant for us to achieve the purposes referred to above or to enable us to comply with our legal obligations.
MeMo News shares your information with third parties for the purposes listed above, in the following circumstances:
a) Third-Party Providers
We may disclose your information to service providers and other third parties we work and/or partner with for our Services or who provide their services or content via our Services such as for instance payment processing or advertising. These third parties are required to secure the data they receive, so that your information is kept private.
b) Law Enforcement and Other Authorized Third Parties
We may disclose your information to law enforcement, governmental agencies, or authorized third parties, in response to a formal request relating to terror acts, criminal investigations, or alleged illegal activity or any other activity that may expose us, you, or any other Cogia Messenger member to legal liability.
c) Change of Control, New Ownership
5. Accessing, Reviewing, and Amending Your Personal Information
6. Privacy Rights – controlling your data
Depending on the jurisdiction you reside in, you may have certain rights, in accordance with applicable laws, concerning your personal data, including the right to request to access your personal data; to have your personal data corrected or erased or restricted; and the right to object to the use of your personal data for marketing purposes.
If you are a resident of the EEA or Switzerland, you have the right to access, correct, update or request deletion of your personal information. You can object to the processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You also have the right to opt-out of marketing communications we send you at any time. The Service generally provides you with a reasonable means to view and change your profile information and you can opt-out of marketing communications at any time by removing the application from your mobile or other devise. However, if you have any questions or concerns about the processing of your personal information, you may contact us as outlined in the “Contact” section below. Please note that MeMo News AG, a company established and resident under the laws of the Switzerland, is the “data controller” responsible for protecting your personal data related to the Service.
7. Third-Party Websites
We maintain technical, physical, and administrative security measures to protect the security of your personal information against misuse, unauthorized access, disclosure, or alteration. This includes firewalls, data encryption, physical access controls to our data centers and information access authorization controls.
Our Services are not intended for children under the age of 12. Accordingly, we do not intend to collect personal information through Cogia Messenger and our Services from anyone under 12 years. We do not knowingly collect personal information from children under 12 resident in the EEA or Switzerland. If you become aware that such a child has provided us with personal information without parental consent, please contact us. If we become aware that such a child under 12 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account.
10. International Data Transfer
MeMo News is operating internationally. We provide our Services to Cogia Messenger users worldwide, allowing them to communicate with each other across the globe. Consequently your information may need to be processed in countries where data protection and privacy regulations do not offer the same level of protection as in your home country.
We will take such steps as we deem necessary to confirm your identity before sharing any personal data with you. We will respond to proper and confirmed requests relating to personal data within 30 days, or as otherwise required by applicable law.
5th December 2022