Privacy Policy (Datenschutzerklärung)

1.1 Personal Data You Provide Directly

Account Information: Email address, username, password (bcrypt hash), date of birth (mandatory for age verification), phone number (optional).

Profile Information for Service Providers: Professional name/alias, profile photos, service descriptions, rates, availability, location (city/region/canton level), languages, physical characteristics, boundaries, verification status.

Profile Information for Clients: Display name, profile photo (optional), preferences, review history, blacklist entries.

Verification Documents: Government ID, selfie photos, proof of age, business licenses, address verification.

Communications Data: Messages, support inquiries, feedback, safety reports.

1.2 Automatically Collected Technical Data

Usage Data: Pages accessed, features used, search queries, profiles viewed, browser type, device type, referral sources.

Technical Connection Data: IP address (hashed), geographic location, time zone, ISP, session timestamps.

Authentication Data: Login times, session duration, JWT tokens, authentication attempts, device fingerprints.

Performance and Error Data: Page load times, error logs, crash reports, API data.

1.3 Data From Third Parties

Payment Processors (CCBill, SegPay): Transaction confirmation, payment status, chargebacks. We do NOT receive full credit card numbers.

Identity and Age Verification Services: Verification results, age confirmations.

Analytics: First-party analytics only. We do NOT use Google Analytics or third-party tracking.

1.4 Special Category Data (Sensitive Data)

In the context of adult services, we may process: health-related information (voluntarily disclosed), data concerning sex life, biometric data for verification.

Legal Basis: Explicit consent (Art. 5 para. 2 revFADP), legal obligations (StGB Art. 197, 197a), legitimate interests.

1.5 Data We Do NOT Collect

• Full credit card numbers or payment details
• Precise GPS coordinates or exact addresses
• Social security or AHV numbers
• Health insurance information
• Information about minors (18+ only platform)
• Political opinions, trade union membership, religious beliefs
• Third-party tracking cookies

2.1 Service Provision

We process data to: create and manage accounts, display profiles, process verification, enable search and messaging, provide customer support, send notifications, manage subscriptions, enable reviews.

Legal Basis: Art. 6 para. 1 let. a revFADP (contractual necessity)

2.2 Safety and Security

Age verification (18+), identity verification, authentication, fraud detection, abuse prevention, safety monitoring, legal compliance, incident response.

Legal Basis: Art. 6 para. 1 let. b & d revFADP

2.3 Platform Improvement

Analyze usage patterns, develop features, optimize performance, A/B testing, fix issues, improve algorithms.

Legal Basis: Art. 6 para. 1 let. d revFADP (legitimate interests)

2.4 Communication

Transactional communications (account updates, security alerts), service notifications, policy updates, marketing (with consent).

2.5 Legal Compliance and Law Enforcement

Swiss legal obligations (DBG, OR, StGB), law enforcement requests, regulatory requirements (FDPIC, FINMA), anti-money laundering (AMLA-G).

3.1 Public Profile Information

Publicly visible: display name, photos, service descriptions, rates, availability, location, verification badges, reviews, response time.

3.2 Communication Between Users

Messages delivered to recipients, stored for account duration and legal retention. We do NOT share private message content except as required by law.

3.3 Third-Party Service Providers

Identity and Verification Services: ID documents for age/identity verification. Legal basis: Art. 6 para. 1 let. b revFADP.

Payment Processors: Email, transaction details. PCI-DSS compliant.

Infrastructure and Hosting: Swiss/EU-based data centers preferred.

Customer Support Tools: Restricted access, data minimization.

Security Services: Anonymized security logs.

3.4 Legal Disclosures

We may disclose data when required by law: subpoenas, court orders, legal claims, safety protection, law enforcement cooperation, regulatory investigations.

3.5 Business Transfers

Data may be transferred in event of merger, acquisition, or bankruptcy with notice to affected users.

3.6 Anonymous and Aggregated Data

We may share anonymized data that cannot be linked to individuals for statistical analysis, market research, public safety reports, academic research.

3.7 What We DO NOT Share

• We do NOT sell your personal data
• We do NOT share with advertisers or ad networks
• We do NOT use third-party tracking
• We do NOT share private messages for marketing
• We do NOT disclose identity in reviews
• We do NOT share verification documents beyond legal requirements

4.1 Technical and Organizational Measures (TOMs)

Encryption: TLS 1.3 in transit, AES-256 at rest, bcrypt/Argon2 password hashing, encrypted backups.

Access Control: Role-based access, MFA for admins, audit trails, quarterly access reviews.

Authentication Security: HttpOnly, Secure, SameSite cookies, 30-minute access tokens, CSRF protection, rate limiting.

Infrastructure Security: Swiss/EU data centers, annual security audits, monthly patching, WAF, DDoS mitigation.

Monitoring: Real-time SIEM, IDS/IPS, audit logging, 24/7 incident response.

Data Minimization: Collection limitation, purpose limitation, automatic deletion, pseudonymization.

Privacy by Design: Default privacy settings, end-to-end encryption, anonymization.

4.2 Security Incident Response (Art. 16a revFADP)

Notification to FDPIC: High-risk breaches reported within 72 hours.

Notification to Affected Individuals: Direct notification without undue delay when high risk exists.

Remediation: Containment, patching, recovery, post-incident review.

Documentation: All incidents retained for 5 years.

4.3 Security Limitations

Despite robust security, no system is 100% secure. Internet transmission and electronic storage involve inherent risks.

4.4 Your Security Responsibilities

You are responsible for: strong passwords, not sharing credentials, using MFA, logging out from shared devices, reporting suspicious activity to [SECURITY EMAIL], keeping software updated.

5.1 Data Location and Processing

Data primarily stored in Swiss data centers, secondarily in EU/EEA data centers.

5.2 Transfers Within the European Economic Area

EU-Swiss Adequacy Decision (15 January 2024): Personal data can flow freely between EU/EEA and Switzerland without additional safeguards.

5.3 Transfers to the United States

Swiss-US Data Privacy Framework (15 September 2024): Data transfers to US organizations certified under the Data Privacy Framework are permitted.

5.4 Transfers to Other Third Countries

For countries without adequacy decisions, we use Standard Contractual Clauses (SCCs) approved by the FDPIC.

5.5 Data Sovereignty Preference

Where possible, we prioritize: Swiss data storage (primary), EU/EEA storage (secondary), minimize transfers to other countries.

6.1 Retention Principles

We retain data only as long as necessary for stated purposes (Art. 6 para. 1 let. a revFADP).

6.2 Active Account Retention

All necessary data retained while account is active.

6.3 Inactive Accounts

Accounts inactive for 24 months may be suspended/deleted after notice.

6.4 Post-Deletion Retention

Immediate (24h): Profile removed. Short-term (48h): Data removed from database. Medium-term (90 days): Backups purged.

6.5 Legal Retention Requirements

6.6 Anonymous and Aggregated Data

May be retained indefinitely for statistical analysis.

7.1 Right to Information (Art. 8 revFADP)

You may request: what data we process, purposes, categories, recipients, retention period, data source, automated decision-making, transfer safeguards.

How to exercise: Account settings "Data Export" or email [PRIVACY EMAIL]. Response within 30 days.

7.2 Right to Rectification (Art. 5 para. 1 revFADP)

Request correction of inaccurate or incomplete data. Update directly in account settings.

7.3 Right to Erasure (Art. 15 revFADP)

Request deletion when: data no longer necessary, consent withdrawn, objection successful, processing unlawful, or required by law.

How to exercise: Settings → Account → Delete Account.

7.4 Right to Restriction (Art. 15a revFADP)

Request restriction when: accuracy contested, processing unlawful but erasure opposed, data needed for legal claims, objection pending.

7.5 Right to Data Portability (Art. 15a revFADP)

Receive data in structured, machine-readable format (JSON/CSV). Transmit to other controller.

7.6 Right to Object (Art. 15a revFADP)

Object to processing based on legitimate interests or direct marketing.

7.7 Right to Withdraw Consent

Withdraw consent at any time via account settings or email [PRIVACY EMAIL]. Does not affect lawfulness before withdrawal.

7.8 Right to Lodge a Complaint (Art. 29 revFADP)

Contact the Federal Data Protection and Information Commissioner (FDPIC):

• Website: https://www.edoeb.admin.ch
• Email: info@edoeb.admin.ch
• Phone: +41 58 463 34 11
• Address: 3003 Bern, Switzerland

8.1 Cookies We Use

Strictly Necessary: JWT authentication token (HttpOnly, Secure, SameSite), CSRF token.

Functional: User preferences (language, display settings, search filters) - Secure, SameSite.

Security: Rate limiting, device fingerprint for anomaly detection.

8.2 What We Do NOT Use

• Third-party advertising cookies
• Google Analytics or similar
• Meta/Facebook Pixel
• Cross-site tracking pixels

8.3 Cookie Consent

Under Swiss law, only strictly necessary cookies (authentication, security) require no consent. We use only essential cookies.

8.4 Managing Cookies

You can control cookies through browser settings. Disabling essential cookies will prevent login.

9.1 Age Requirement

CompanionHub is strictly 18+ only. Legal basis: Swiss Criminal Code Art. 197 (Pornography) and Art. 197a.

9.2 Age Verification Methods

Self-attestation, document verification, third-party verification services, photo verification.

9.3 Minor Detection and Response

If we discover a user is under 18: immediate account termination, data deletion, report to authorities if required by Art. 328 StGB.

9.4 No Data Collection from Minors

We do not knowingly collect data from individuals under 18. Parents/guardians: contact [PRIVACY EMAIL] immediately.

We may update this Privacy Policy to reflect changes in practices, new features, legal changes, FDPIC guidance, or user feedback.

Material changes: Posted at least 30 days before effective date with email notification.

Continued use: Continued use after changes constitutes acceptance.

11.1 Discretion and Privacy

Profile visibility controls, anonymous browsing, private messaging, blur controls, city-level location only.

11.2 Provider Anonymity

Use professional aliases, limit visibility, require approval for full profile access, block users/regions.

11.3 Client Privacy

No public client directory, review anonymity, message history privacy, no cross-platform tracking.

11.4 Verification Data Protection

Stored separately, access restricted to verification team, auto-deleted when no longer needed, AES-256 encrypted.

11.5 Reporting and Safety

Anonymous reporting option, emergency escalation, coordination with Swiss law enforcement, blacklist feature, emergency disclosure to prevent harm.