Wineco Platforms | Privacy Notice

1. Introduction

We recognize the importance of your privacy and of transparency in our processing of your personal data.

At WineCo Swiss SA (we, our or WineCo), we recognize the importance of your privacy and of transparency in our processing of your personal data. This privacy notice (Privacy Notice) informs you on the personal data we collect and process in connection with the provision of our application accessible at VintageCellar App available on Android and Appstore, our website accessible at www.vintage-cellar.com (the Platforms) and/or the services provided through the Platforms (together with the Platforms, our Services).

By accessing and using our Services, you expressly acknowledge that we may collect and process your personal data in accordance with this Privacy Notice.

This Privacy Notice is incorporated into and forms an integral part of our terms of use for the Platforms (ToU). All capitalized terms not defined in this document have the meaning given to them in the ToU.

2. Short Version

The following is a summary of (but not a replacement for) this Privacy Notice:

  • WineCo Swiss SA is responsible for the processing, as controller, of your personal data. This Privacy Notice, however, only applies to our activities, and not to those of third party providers (even if we link to their services or contents) (see section 3);
  • As part of our operation of the Services, we may collect personal data which is provided to us by you, or which we collect automatically when you interact with the Services (see section 4);
  • We process such personal data in compliance with Swiss laws and other laws applicable to us, mainly for the purpose of providing our Services, in particular to operate the Platforms. We may also process your personal data to process your orders and payments, send our newsletter, analyze and improve the use of our Services, comply with our legal obligations, and for the other legitimate purposes indicated in this Privacy Notice (see section 7, as well as sections 5 and 6);
  • Your personal data is stored in Switzerland and/or in the E.U. We do not share it with third parties or transfer it abroad unless this is both necessary for the operation of our Services and permitted by applicable laws. This may for instance be the case when we use service providers or must interact with third parties to conduct our professional activities (see sections 8 and 9);
  • We do not store your personal data for longer than necessary for us to fulfill the purposes set out in this Privacy Notice (see section 10);
  • We apply security measures and strive to protect your personal data. However, no IT infrastructure is completely secure and we cannot guarantee that ours is (see section 11);
  • You may contact us (info@vintage-cellar.com) to exercise your rights pertaining to your personal data (see sections 13 and 14).

3. Who is responsible for the processing of your personal data

WineCo Swiss SA, Boulevard des Philosophes 15, c/o OBERSON ABELS Services SA, 1205 Geneva, Switzerland is responsible for the processing, as controller, of your personal data. You will find our contact details below in Section 12.

This Privacy Notice only applies to data processing undertaken by or on behalf of us. Whilst we may provide links to third party websites, contents, or services, we are not responsible for their policies in relation to personal data. In such circumstances, the collection and use of your personal data are governed by the privacy policy of those third-party providers, which you should carefully review to learn more about their personal data processing practices.

4. How we collect your personal data

We collect the personal data you provide us.

We collect the personal data that you provide to us when using our Services, for example when you use our Platforms, place an order or communicate with us, when you create and/or manage your account, through web forms you fill, when you subscribe to our newsletter, apply for a job, upload or publish content (pictures, comments, etc.).

You are only authorized to provide us with personal data relating to you directly unless you obtain the prior consent of the individual you want to share information about.

Some information is mandatory, and some is optional.

It is mandatory that you complete the data fields identified by an asterisk. If one or more mandatory data fields are not completed, we will not be able to provide access to our Services. You are not required to complete the optional data fields in order to access our Services. These fields may be completed at any time through your account settings.

Certain personal data are also collected in an automated manner.

We also automatically collect personal data, including by means of tools, web forms, cookies and other active elements, as further described in this Privacy Notice.

You may define certain authorizations relating to the automatic collection of your personal data when you configure your device or your internet browser according to available functionalities. You may also define certain settings for the automated collection of your personal data through the cookies setting plugin available on the Platforms. For more detailed information, please see the cookie section below (section 12).

5. How we process your personal data

We process your personal data by automated means for the purposes indicated in this Privacy Notice and in accordance with applicable law.

We process your personal data in compliance with applicable law, in particular Swiss data protection laws and, to the extent they apply to us, other data protection legislations, such as the EU General Data Protection Regulation (GDPR) or its equivalent in the United Kingdom, using computers or computer tools, in line with the purposes set out in this Privacy Notice.

We do not process your personal data to create a profile about you (profiling).

We also do not make decisions exclusively on the basis of an automated processing which have legal effects on the data subjects or affect them significantly (automated individual decision).

We may combine your personal data with other information (aggregate) or erase any information that allows us to identify you (anonymize), so that it is no longer considered personal data under applicable data protection law, in which case this Privacy Notice will no longer apply and we may use such data for purposes not contemplated by this Privacy Notice (e.g. for benchmarking or analytics purposes, or to develop and market new services). You may object to the anonymization or aggregation of your personal data for this purpose at any time (see section 13 below for additional information on your rights).

We take the technical and organizational appropriate security measures to prevent unauthorized access, disclosure, modification, alteration or destruction of your personal data, as specified in section 11 below.

We process your personal data only if we have a valid legal ground to do so.

We will only process your personal data if we have a valid legal ground for doing so. Depending on the processing activity carried out, we will therefore only process your personal data if:

  • The processing is necessary to fulfil our contractual obligations to you or to take pre-contractual steps at your request (Contractual Necessity);
    This is particularly the case when processing your personal data is strictly necessary to provide you with the Services, as further specified in section 7 below. When the GDPR applies, Contractual Necessity is based on Article 6(1)(b) GDPR;
  • The processing is necessary for the fulfilment of our legitimate interests, and only to the extent that your interests or fundamental rights and freedoms do not require us to refrain from processing (Legitimate Interest);
    Our Legitimate Interests include in particular (i) ensuring that our Services are provided in an efficient and secure way (e.g. through internal analysis of the Services’ stability and security, updates and troubleshooting, as well as support services); (ii) improving and developing the Services (including monitoring the use of our Services, and for statistical purposes); (iii) benefiting from cost-effective services (e.g. we may opt to use certain services offered by suppliers rather than undertaking the activity ourselves); and (iv) achieving our corporate goals. When the GDPR applies, Legitimate Interest is based on Article 6(1)(f) GDPR;
  • We have obtained your prior consent in a clear and unambiguous manner (Consent);
    When the GDPR applies, Consent is based on Article 6(1)(a) GDPR;
  • The processing is necessary to comply with our legal or regulatory obligations (Legal Obligation);
    Finally, we will process your personal data if we are required to do so by law, as further specified in section 7 below. When the GDPR applies, Legal Obligation is based on Article 6(1)(c) GDPR.

7. Purposes for which we process your personal data

We process your personal data for legitimate and clearly identified purposes:

Your personal data is collected and processed for the purpose of operating the Services and for the other legitimate purposes explicitly specified below, only to the extent relevant to achieve these purposes, and is not further processed in a manner that is incompatible with them.

We process your personal data for the following purposes:

To operate the Platforms and provide the Services.

We mainly process your personal data to provide the Platforms and the Services, based on our Contractual Necessity to do so, including for creating and maintaining a user account, interacting with you, providing you with the requested information and Services, making the products and Services available on the Platforms, as well as for customer and user management purposes.

In addition to the personal data which you provide when logging-in to your account or interacting with the Platforms, we automatically collect technical information about your interactions with the Platforms, such as IP address, the content that was accessed, date and time of access, information about your web browser, your preferences, or other information related to your interaction with the Platforms, including your navigation details on the Platforms]. We process this data [to establish a connection with your device over the internet, to identify you when you use the Platforms, control the use of the Platforms, and manage their stability and security, based on our Legitimate Interest to do so.

Your account information is retained for as long as your account is active. If you suppress your user account, your account information will be deleted or anonymized within 30 days after such event, unless data must be retained for a valid reason (such as evidentiary or tax purposes). This does not include log files, which are automatically deleted or anonymized 30 days after their collection, unless we must retain them for a valid reason.

To process orders and payments.

To place an order, you must provide the information requested from you (e.g. contact information, billing and delivery addresses, payment method and related information.

We also automatically collect data related to your use of the Platforms in accordance with our Cookie Policy (see section 12 below).

We use third-party services for payments and the dispatch of orders. For example, depending on the payment method selected, you will be redirected to the website of an online payment provider which is responsible for processing the payment. We transmit to these third parties only the data necessary for the operations they perform.

The processing of order, inventory and billing data is based on our Contractual Necessity to provide you with the requested products and services. We are also required by law to store certain information such as invoices, contracts and other information relevant to accounting for a certain period of time (generally for 10 years). Data relating to uncompleted orders is stored for 3 months and then deleted.

To send you our newsletter and other advertising information.

If you subscribe to our newsletter, we will collect your contact details (name and email address) and use it to provide you with our newsletter, based on your Consent. You may unsubscribe from the newsletter service at any time, in which case your contact details will be deleted.

We also process the time of registration and your opt-in confirmation based on our Legal Obligation to demonstrate compliance. We also analyze your use of our newsletter, e.g. whether you have opened it or clicked on certain links, and process this data to optimize and improve our newsletter, based on our Legitimate Interest.

We use the third party services of Mailchimp to provide our newsletter service, which will have access to your login data in order to provide you with the service. The privacy policy of Mailchimp is applicable in connection with this, which you will find here: https://mailchimp.com/legal/privacy/.

Independently from your subscription to our newsletter, we may also contact you by email to inform you about our activities if you have previously subscribed for the use of our Services, if you have not objected to the corresponding use of your email address. You can object to the use of your email address for this purpose at any time by contacting us (see contact detail in section 14). The legal basis for the corresponding processing of your data is our Legitimate Interest to advertise certain sales offers and activities relating to our previous interactions with you.

To provide you with job opportunities within WineCo.

We may process your personal data to allow you to consult and apply for job opportunities within WineCo. We will process the personal data you provide. In addition, if you provide us with links to your profile on social media platforms (such as LinkedIn) or with contact information for references, we will assume that we may gather information from these sources.

Any information you submit must be true, complete and not misleading. Should the information provided be inaccurate, incomplete, or misleading, subject to applicable law, this may lead to a rejection of your application during the application process or disciplinary action including immediate dismissal if you have been employed.

We will process your personal data exclusively for assessing your application, based on our Contractual Necessity (to take pre-contractual steps at your request). Your personal data is retained no longer than the duration of the recruitment process unless required otherwise by applicable laws and regulations or our Legitimate Interests.

For internal analysis and statistical purposes to improve our Services.

Unless you object to such processing, we may process your personal data, in particular data relating to your use of our Services and your habits and preferences (e.g. the content you accessed, date and time of access and your preferences), for internal analysis and statistical purposes, in order to better understand the needs of our users, to optimize their experience, and to generally improve the ergonomics and functionality of our Services. You may object to such processing activities at any time (see section 13 below for additional information on your rights).

We do not link this information to you or your account. We use analytics tools provided by known market providers – such as Google Analytics – which provide to us only aggregated, non-identifiable data. The privacy policy of those service providers is applicable in this context. You will find information on their privacy practices and how to opt out of their analytics cookies by clicking on the following links: Google Analytics.

You will find additional information in section 12 in relation to the use of cookies for this purpose, including on the duration for which data collected this way are stored. Data collected by other means is deleted or anonymized at the latest 7 days after its collection.

To provide you with targeted information or advertisements based on the content you published and your interactions with the Platforms.

Provided we have collected your valid Consent, we use as part of our operation of the Platforms the services of third parties, such as Hubspot, Woodpecker, LinkedIn or Facebook, WhatsApp, Instagram, which may place cookies on your device in order to provide you with personalized advertisements based on your interaction with the Platforms. The privacy policies of those providers are applicable in relation to their activities. You may withdraw your consent at any time (see section 13 below for additional information on your rights).

You will find additional information in section 12 in relation to the use of cookies for this purpose, including on the duration for which data collected this way are stored, and the link to the privacy policies of those external service providers.

To comply with our other Legal Obligations or for other Legitimate Interests.

We may further process your personal data if we have a Legal Obligation to do so or for other Legitimate Interests. This will for instance be the case if we need to disclose certain information to public authorities or retain such information for tax or accounting purposes, or for the establishment, exercise or defense of legal claims.

The personal data that we process for this purpose are those that we collected for one of the purposes indicated elsewhere in this section 7. We retain the personal data for the duration of the legal obligation imposed on us.

If we have obtained your consent.

In addition to the above, we may process your personal data if we have obtained your prior unambiguous consent for specific purposes. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

8. The circumstances in which we share your personal data with third parties

We may share your personal data with third parties if this is necessary for the operation of our Services, if there is a legal obligation or permission to do so, or if there is another valid reason to do so.

We may share your personal data with third parties in connection with the operation of the Services and with subcontractors such as IT service providers, cloud service providers, database providers, automated marketing solutions providers and consultants, including Google Analytics (data analytics tool), and Stripe (payment provider).

We may also enable you to use third-party services directly from the Platforms, in particular through the social plug-ins of Google, Facebook, LinkedIn, Twitter; and Microsoft, in which case you acknowledge that the third-party operators of such services may access some of your personal data related to the Platforms, in accordance with their own privacy practices.

We may also disclose your personal data to third parties where we have a legal obligation to do so or a legitimate interest in doing so.

We may also disclose your personal data where we have a legitimate interest in doing so, for example (i) to respond to a request from a judicial authority or in accordance with a legal obligation; (ii) to bring or defend against a claim or lawsuit; or (iii) in the context of restructuring, in particular if we transfer our assets to another company.

9. International Transfers

Your personal data is stored in Switzerland and/or the European Union, or in the geographic location where you reside, but may in certain circumstances be disclosed in other countries.

We store your personal data on servers located in Switzerland and/or the European Union. We may also store a copy your personal data near to the geographic location where you reside (e.g. in the U.S. for U.S. users) in order to provide you with a better service.

In principle, we do not transfer your personal data to other countries or make it available there. However, in certain circumstances, in particular in connection with the operations of our subcontractors, your personal data may be made available to recipients located abroad (e.g. Google is headquartered in the U.S, from which locations some data may be available). In such cases, we will ensure that suitable safeguards are in place, in accordance with applicable data protection laws, for instance by relying on standard contractual clauses adopted by the European Commission.

If you transmit information and data to us, you are expressly deemed to consent to such data transfers. You may request additional information in this regard and obtain a copy of the relevant safeguards upon request by sending a request to the contact address indicated in section 14 below.

10. How long we store your personal data?

Your personal data will not be stored longer than necessary.

We will erase or anonymize personal data as soon as it is no longer necessary for us to fulfil the purposes set out in section 7 of this Privacy Notice. This period varies, depending on the type of data concerned and the applicable legal requirements. More information on each type of processing can be found in section 7 above.

Your account information is retained for as long as your account is active. If you suppress your user account, your account information will be deleted or anonymized within 30 days after such event, unless data must be retained for a valid reason (such as evidentiary or tax purposes).

In view of the legal obligations incumbent upon us, certain information relating in particular to the contractual relationship must be retained for at least 10 years.

11. Security

We maintain physical, technical, and procedural safeguards to keep your personal data secure.

We are committed to the security of your personal data, and have in place physical, administrative and technical measures designed to keep secure your personal data and to prevent unauthorized access to it. We restrict access to your personal data to those persons who need to know it for the purpose described in this Privacy Notice. In addition, we use standard security protocols and mechanisms to exchange the transmission of sensitive data. When you enter sensitive information on our Platforms, we encrypt it using Transport Layer Security (TLS) technology.

Although we take appropriate steps to protect your personal data, no IT infrastructure is completely secure. Therefore, we cannot guarantee that data you provide to us is safe and protected from all unauthorized third-party access and theft. We waive any liability in this respect.

The internet is a global environment. As a result, by sending information to us electronically, such data may be transferred internationally over the internet depending upon your location. Internet is not a secure environment and this Privacy Notice applies to our use of your personal data once it is under our control only. Given the inherent nature of the internet, all internet transmissions are done at your own risk.

If we have reasonable reasons to believe that your personal data have been acquired by an unauthorized person, and applicable law requires notification, we will promptly notify you of the breach by email (if we have it) and/or by any other channel of communication (including by posting a notice on the Platforms).

12. How we use cookies or other analytical tools

We use Cookies, other analytical tools and similar technologies in connection with the Platforms.

We use various types of cookies, other analytical tools or similar technologies (collectively, Cookies) in connection with our Platforms, some of which are capable of automatically processing data on your electronic device and/or of transferring personal data about you to us or third parties.

These technologies are generally used to monitor and analyze your interactions with the Platforms and/or to enable us to improve the Platforms and their functionalities, including customizing the Platforms and related services, depending on your interactions. We may also use Cookies to measure and monitor the traffic and use of the Platforms and their performance.

Cookies are generally divided in four categories:

A. Essential Cookies. Some cookies are placed on your electronic devices to make the Platforms capable of being used, by providing basic features such as page browsing and accessing secure areas. The Platforms cannot function properly without this type of Cookies.

B. Functionality Cookies. Some Cookies enable the Platforms to remember choices persons make, for example, username, and language or text size. These cookies are known as “functionality cookies” and help to improve a person’s experience of the Platforms by providing a more personalized service.

C. Advertising Cookies. These cookies are used to better understand user interests and to display more relevant advertisements.

D. Analytics/productivity Cookies. Analytics/productivity Cookies, such as those linked to Google Analytics, help understand how users interact with the Platforms by anonymously collecting and reporting information.

Our use of cookies may vary depending on the section or functionalities of the Platforms you access, but we generally use the following:

Name Owner Purpose / Description Duration and expiry Type
_gcl_au Google Analytics
(link to privacy notice)
Used by Google Analytics to understand user interaction with the Platforms.
https://policies.google.com/privacy
90 days Analytics
_ga Used to compute visitor, session, campaign data and to keep track of the use of the Platforms for Platforms analysis reporting.
It stores a number generated randomly to identify unique visitors
https://policies.google.com/privacy
2 years Analytics
_ga_# Used to keep track of the number of times a user has visited the website and the dates of the first and most recent visits.
https://policies.google.com/privacy
2 years Analytics
Facebook Facebook Cookie is used to help record visit for analytical/ targeting purposes
(link to privacy notice)
Until deleted Marketing
Google Adwords Google Cookie is used to help record visit for analytical/ targeting purposes
(link to privacy notice)
1.5 years Marketing
Ce_clock CrazzyEgg
(link to privacy notice)
Stores the difference between the user local clock and the Crazyegg server clock for more precise events time tracking, and the user IP for IP blocking purposes. 24 hours Analytics/ Performance
Ce_assets CrazzyEgg
(link to privacy notice)
Stores an index of assets urls (stylesheets, images, fonts) that were already collected for the current recording. Session Analytics / Performance
_ga Google Analytics
(link to privacy notice)
Used to compute visitor, session, campaign data and to keep track of the use of the website for website analysis reporting.
It stores a number generated randomly to identify unique visitors
2 years Analytics
_gid Google Analytics
(link to privacy notice)
Used to store information about the use of a website by visitors and creates an analytical report on the functioning of the website.
It stores the number of visitors, their source and the page visited in pseudonymised form.
1 day Analytics
_gat_UA-126103277-1 Google Analytics
(link to privacy notice)
Attribute Cookie. Contains the unique identification number of the account or website to which it relates.
This is a variant of the gat_cookie which is used to limit the amount of data stored by Google on high traffic websites.
1 minute Analytics

You can manage Cookies through the settings of your web browser and/or electronic device[, as well as through the interface available on the Platforms].

If you do not want Cookies to be stored on your electronic device, you can configure your internet browser or electronic device to refuse and/or restrict them. You may also set the use of Cookies on the Cookie management page of the Platforms. However, some Cookies are essential to the functioning of the Platforms which operate differently if you refuse or completely restrict all Cookies.

For more information, please visit the website http://www.allaboutcookies.org. You can also see the help section of your internet browser or electronic device for more specific instructions on how to manage Cookies.

13. Your rights with regard to the processing of your personal data

You have the right to access your personal data we process and may request that they be removed, updated, or rectified.

Unless otherwise provided by law, you have the right to know whether we are processing your personal data. You may contact us to know the content of such personal data, to verify its accuracy, and to the extent permitted by law, to request that it be supplemented, updated, rectified or erased. You also have the right to ask us to cease any specific processing of personal data that may have been obtained or processed in breach of applicable law, and you have the right to object to any processing of personal data for legitimate reasons.

By accessing your user account (if you have one), you can review, update, correct or delete the personal data available within your user account.

If you request us to delete your personal data from our systems, we will do so unless we need to retain your data for legal or other legitimate reasons. Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request.

Where we rely on your consent to process your personal data, we will seek your freely given and specific consent by providing you with informed and unambiguous indications relating to your personal data. You may revoke at any time such consent (without such withdrawal affecting the lawfulness of processing made prior to).

The above does not restrict any other rights you might have pursuant to applicable data protection legislation under certain circumstances. In particular, if the GDPR applies to the processing of your personal data the GDPR grants you certain rights as a data subject if the respective requirements are met:

  • Right of access (Art. 15 GDPR) – you have the right to access and ask us for copies of your personal data.
  • Right to rectification (Art. 16 GDPR) – you have the right to ask us to rectify personal data you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
  • Right to erasure (Art. 17 GDPR) – you have the right to ask us to erase your personal data in certain circumstances.
  • Right to restriction of processing (Art. 18 GDPR) – you have the right to ask us to restrict the processing of your personal data in certain circumstances.
  • Right to data portability (Art. 20 GDPR) – you have the right to ask that we transfer in a structured, commonly used and machine-readable format the personal data you gave us to another organization, or to you, in certain circumstances.
  • Right to object to processing (Art. 21 GDPR) – you have the right to object to the processing of your personal data which is based on our Legitimate Interests, in certain circumstances. In such case, we will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms or where the processing is necessary for the establishment, exercise or defense of legal claims.
    As a rule, you are not required to pay any charge for exercising your rights and we will respond to your request within one month.

You will find further details of your rights in sections 5 and 7 of this Privacy Notice in connection with each processing activity we perform. If you want to exercise any of your rights, or want additional information about them, please contact us using the contact detailed listed below (see section 14).

You have the right to lodge a complaint with the competent authority.

If you are not satisfied with the way in which we process your personal data, you may lodge a complaint with the competent data protection supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, in addition to the rights described above.

Although this is not required, we recommend that you contact us first, as we might be able to respond to your request directly.

Your rights under the California Consumer Privacy Act (CCPA)

Your rights under the California Consumer Privacy Act (CCPA)

If you are a California resident using the Services, the California Consumer Privacy Act (CCPA) may provide you the right to request access to and deletion of your personal data.disclose to you the following information covering the 12 months preceding your request:

If you are a California resident, you may request that we:

  • disclose to you the following information covering the 12 months preceding your request:
    • the categories and specific pieces of personal information we collected about you and the categories of personal information we sold (see sections 4 and 7 of this Privacy Notice);
    • the categories of sources from which we collected such personal information (see section 4 of this Privacy Notice);
    • the business or commercial purpose for collecting or selling personal information about you (see sections 6 and 7 of this Privacy Notice); and
    • the categories of third parties to whom we sold or otherwise disclosed personal information (see section 8 of this Privacy Notice).
  • delete personal information we collected from you; or
  • opt-out of any future sale of personal information about you

In addition, users of the Services who are California residents and under 18 years of age may request and obtain removal of content they posted.

We do not sell user personal data to third parties for the intents and purposes of the CCPA.

To exercise the right to request access to and deletion of your personal data, please see the contact details in section 14 below. We do not discriminate based on the exercise of any privacy rights that you might have under this section and will respond to your request consistent with applicable law].

[All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content you want removed and information reasonably sufficient to permit us to locate that content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material. For example, materials that you have posted may be republished or reposted by another user or third party.

14. Contact Us

If you believe your personal data has been used in a way that is not consistent with this Privacy Notice, or if you have any questions or queries regarding the collection or processing of your personal data, please contact us at info@vintage-cellar.com.

15. Updates to this Privacy Notice

This Privacy Notice may be subject to amendments. Any changes or additions to the processing of personal data as described in this Privacy Notice affecting you will be communicated to you through an appropriate channel, depending on how we normally communicate with you (including by email and/or via the Platforms, e.g. banners, pop-ups or other notification mechanisms). If you do not agree to the changes made, you must stop accessing and/or using the impacted Services.